IN RE: the Claim of Sadie COHEN

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

IN RE: the Claim of Sadie COHEN, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.

Decided: December 24, 1997

Before CARDONA, P.J., and MIKOLL, MERCURE, CREW and YESAWICH, JJ. Sadie Cohen, College Park, GA, in person. Dennis C. Vacco, Attorney General (Norman Uris, of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 20, 1996, which, inter alia, ruled that claimant's benefit rate should be reduced to zero.

Claimant retired in June 1994 under an early retirement incentive program and began receiving a monthly pension of $1,536.   She also applied for unemployment insurance benefits.   The Unemployment Insurance Appeal Board ruled that claimant's unemployment insurance benefit rate was subject to reduction by the amount of her pension payments, which computation resulted in a reduction of benefits to zero and a finding that claimant was overpaid $1,456.   Substantial evidence supports this decision.   The record establishes that claimant's pension was totally funded by her employer and that the amount of her pension payments exceeded the maximum weekly unemployment benefit rate of $300 (see, Labor Law § 590[5], § 600[7] ).   Under the circumstances, the Board properly concluded that the statutory reduction in benefit payments was triggered (see, Labor Law § 600[7] ) and, accordingly, reduced claimant's benefit rate to zero (see, Matter of Karl [Asarco Inc., Hudacs], 211 A.D.2d 934, 621 N.Y.S.2d 950;  Matter of De Voe [Hudacs], 193 A.D.2d 1042, 598 N.Y.S.2d 1003) and charged her with a recoverable overpayment (see, Labor Law § 597[3], [4] ).

ORDERED that the decision is affirmed, without costs.


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