IN RE: the Claim of Morris D. KAPLAN

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Morris D. KAPLAN, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.

Decided: February 27, 1997

Before CARDONA, P.J., and MIKOLL, CREW, WHITE and PETERS, JJ. Morris D. Kaplan, Boca Raton, Florida, appellant in person. Dennis C. Vacco, Attorney-General (Steven Segall, of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 1994, which reduced claimant's weekly unemployment insurance benefits pursuant to Labor Law § 600(7).

 The Unemployment Insurance Appeal Board ruled that claimant's unemployment insurance benefits were properly reduced from $300 per week to zero after claimant's previous employer paid claimant his profit-sharing pension benefits in a lump sum, which claimant reinvested in an individual retirement account (IRA) (see, Labor Law § 600[7] ).   Claimant challenges the Board's decision, contending that the roll-over of his pension benefit funds into an IRA did not constitute the receipt of his pension within the meaning of Labor Law § 600(7).   We disagree.

 Substantial evidence supports the Board's finding that claimant's profit-sharing pension was fully funded by claimant's employer, thereby warranting the full reduction of claimant's unemployment benefits (see, Matter of Chriscaden [Sweeney], 232 A.D.2d 803, 649 N.Y.S.2d 345).   Additionally, Labor Law § 600(7) provides for the reduction of unemployment insurance benefits, including those from a profit-sharing plan, where an employee receives retirement benefits, regardless of whether he or she chooses to have the retirement payments distributed in monthly installments or in a lump-sum payment that is then reinvested in an IRA (see, Matter of Rolland [Eastman Kodak Co.-Sweeney], 232 A.D.2d 710, 648 N.Y.S.2d 184;  Matter of Skinder [Sweeney], 226 A.D.2d 796, 640 N.Y.S.2d 302).   Accordingly, we conclude that the Board's decision should not be disturbed.

ORDERED that the decision is affirmed, without costs.


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