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Matter of Levin

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 1997
244 A.D.2d 642 (N.Y. App. Div. 1997)

Opinion

November 6, 1997

Appeal from the Unemployment Insurance Appeal Board.


The Unemployment Insurance Appeal Board ruled that Labor Law § 600 (7) required a reduction in claimant's benefit rate reflecting his receipt of payments from an employer-funded pension fund. Claimant also was charged with a recoverable overpayment. We affirm. Substantial evidence supports the finding that claimant's pension fund was 100% funded by the employer, thereby triggering the statutory reduction in benefit payments (see, Matter of Chriscaden [Sweeney], 232 A.D.2d 803).

Mercure, J. P., Crew III, Casey, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Levin

Appellate Division of the Supreme Court of New York, Third Department
Nov 6, 1997
244 A.D.2d 642 (N.Y. App. Div. 1997)
Case details for

Matter of Levin

Case Details

Full title:In the Matter of the Claim of BERNARD N. LEVIN, Appellant. JOHN E…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 6, 1997

Citations

244 A.D.2d 642 (N.Y. App. Div. 1997)
665 N.Y.S.2d 356

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