IN RE: the Claim of Ben HAMMER (1999)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 5, 1998, which, inter alia, reduced claimant's weekly unemployment insurance benefit rate to zero.

 Substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant's benefit rate to zero.   The record establishes that claimant's pension was totally funded by his employer and that the amount of his pension payments exceeded the maximum weekly unemployment benefit rate of $300 (see, Labor Law § 590[5] ).   Accordingly, claimant's unemployment insurance benefits were properly reduced by the amount of his pension benefits (see, Labor Law § 600[7];  Matter of De Salvo [Commissioner of Labor], 249 A.D.2d 619, 670 N.Y.S.2d 939;  Matter of Levin [Sweeney], 244 A.D.2d 642, 665 N.Y.S.2d 356).   Although claimant points out that he disclosed his receipt of pension benefits on his unemployment insurance application, he was nevertheless properly charged with a recoverable overpayment of benefits (see, Matter of Pinezic [Sweeney], 223 A.D.2d 898, 636 N.Y.S.2d 224).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.