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Matter of Krumholtz

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1999
263 A.D.2d 609 (N.Y. App. Div. 1999)

Opinion

July 1, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 10, 1998, which, inter alia, reduced claimant's weekly unemployment insurance benefit rate to zero.

Seymour Krumholtz, Englishtown, New Jersey, appellant in person.

Eliot Spitzer, Attorney-General (Steven Segall of counsel), New York City, for respondent.

Before: CARDONA, P.J., MIKOLL, CREW III, YESAWICH JR. and PETERS, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant's benefit rate to zero. Contrary to claimant's argument, it is apparent from a reading of Labor Law § 600 (7) that this reduction was applicable under the circumstances herein despite the fact that claimant resigned rather than retired from his position. Claimant opted to receive his employer-financed pension in a lump sum, as opposed to monthly payments, which was then reinvested in an IRA annuity account, and the pro-rated weekly amount of such payment exceeded the maximum weekly unemployment insurance benefit rate of $300 (see, Labor Law § 590; § 600 [7] [b]). Accordingly, claimant's unemployment insurance benefits were properly reduced to zero (see, Matter of Brainin [Sweeney], 239 A.D.2d 639; Matter of Kaplan [Sweeney], 236 A.D.2d 738, 739). Finally, claimant was properly charged with a recoverable overpayment of benefits (see,Matter of Brainin [Sweeney], supra). Claimant's remaining contentions have been examined and found to be unpersuasive.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Krumholtz

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1999
263 A.D.2d 609 (N.Y. App. Div. 1999)
Case details for

Matter of Krumholtz

Case Details

Full title:In the Matter of the Claim of SEYMOUR KRUMHOLTZ, Appellant. COMMISSIONER…

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

Date published: Jul 1, 1999

Citations

263 A.D.2d 609 (N.Y. App. Div. 1999)
692 N.Y.S.2d 792