Opinion
April 19, 1971
Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board ruling claimant's benefit rate to be reduced pursuant to section 600 Lab. of the Labor Law from $65 weekly to $19 weekly because he received a pension or retirement payment under a plan wholly financed by the employer. Determination of appeal withheld and case set down for reargument at the term commencing September 8, 1971. Parties are requested, upon such reargument, to consider the application and effect of Matter of Guilfoyle [ Dow Jones Co. — Catherwood] ( 36 A.D.2d 108). Appellant's brief should be filed by August 2, 1971 and respondent's brief by August 30, 1971. Reynolds, J.P., Staley, Jr., Greenblott, Cooke and Simons, JJ., concur.