IN RE: the Claim of Harold J. BABCOCK (2013)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 7, 2011, which, among other things, charged claimant with a recoverable overpayment of emergency unemployment compensation benefits.

The Unemployment Insurance Appeal Board ruled that Labor Law § 600(7) required a reduction in claimant's benefit rate following his receipt of payments from his union pension. Claimant was further charged with a recoverable overpayment of $8,439 in federally funded emergency unemployment compensation benefits, and the Board rejected his application for a waiver of repayment (see Pub L 110–252, tit IV, § 4001 et seq., 122 U.S. Stat 2323; Matter of Umpierre [Commissioner of Labor], 80 AD3d 1123, 1123 [2011] ). Substantial evidence supports the finding that claimant's former employers fully funded his pension, “thereby triggering the statutory reduction in benefit payments” (Matter of Johnson [Commissioner of Labor], 256 A.D.2d 804, 805 [1998], lv denied 93 N.Y.2d 803 [1999]; see Labor Law § 600[7]; Matter of Sanchez [Commissioner of Labor], 56 AD3d 846, 847 [2008] ). Inasmuch as claimant's monthly income significantly exceeded his expenses, substantial evidence further supports the Board's determination “that a waiver of repayment was not called for as a matter of equity or good conscience” (Matter of Silver [Commissioner of Labor], 84 AD3d 1634, 1635 [2011] ).

ORDERED that the decision is affirmed, without costs.