Opinion
519738
2015-07-02
In the Matter of the Claim of Shirley Zuri McKIE, Appellant. Commissioner of Labor, Respondent.
Garry, J.P., Egan Jr. and Lynch, JJ., concur.
Shirley Zuri McKie, Tulsa, Oklahoma, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.
Before: GARRY, J.P., EGAN JR., ROSE and LYNCH, JJ.
ROSE, J.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 24, 2013, which charged claimant with a recoverable overpayment of emergency unemployment compensation benefits.
Claimant was charged with a recoverable overpayment of $3,636 in federally funded emergency unemployment compensation benefits ( seePub. L. 110–252, tit. IV, § 4001 et seq., 122 U.S. Stat. 2323; Matter of Silver [Commissioner of Labor], 84 A.D.3d 1634, 1635, 923 N.Y.S.2d 306 [2011] ). The Unemployment Insurance Appeal Board denied her application for a waiver of repayment and claimant appeals.
We affirm. Repayment of emergency unemployment compensation benefits may be waived as a matter of equity or in good conscience ( see United States Department of Labor, Unemployment Insurance Program Letter No 23–08, Attachment A, at A11–A13). Contrary to claimant's contention, the record reflects that, at the time of her application, claimant's monthly income exceeded her expenses. Accordingly, substantial evidence supports the Board's determination that a waiver was not justified ( see Matter of Babcock [Commissioner of Labor], 106 A.D.3d 1316, 965 N.Y.S.2d 240 [2013]; Matter of Silver [Commissioner of Labor], 84 A.D.3d at 1635, 923 N.Y.S.2d 306).
ORDERED that the decision is affirmed, without costs.
GARRY, J.P., EGAN JR. and LYNCH, JJ., concur.