In re the Claim of Gold, 282 A.D.2d 855 (N.Y. App. Div. 2001). · Go Syfert
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In re the Claim of Gold, 282 A.D.2d 855 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: In re the Claim of Schiavo (nyappdiv, 2013-06-20)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" In re the Claim of Schiavo
N.Y. App. Div. · 2013 · signal: accord · confidence high
We disagree and adhere to our previous decisions recognizing that this section is valid, as the reduction of unemployment benefits of workers eligible to receive income from an employer-funded pension is “rational and bears a direct relationship to the underlying purpose of the [unemployment [insurance [l]aw, which is to provide income to unemployed workers who are without earned income” (Matter of Liss [Ross], 80 AD2d 716, 716 [1981]; accord Matter of Gold [Commissioner of Labor], 282 AD2d 855, 855 [2001]; Matter of De Voe [Hudacs], 193 AD2d 1042, 1042 [1993]; see Matter of Busman [Hartne…
discussed Cited "see" In re the Claim of Schiavo
N.Y. App. Div. · 2013 · signal: accord · confidence high
We disagree and adhere to our previous decisions recognizing that this section is valid, as the reduction of unemployment benefits of workers eligible to receive income from an employer-funded pension is “rational and bears a direct relationship to the underlying purpose of the [unemployment [insurance [l]aw, which is to provide income to unemployed workers who are without earned income” (Matter of Liss [Ross], 80 AD2d 716, 716 [1981]; accord Matter of Gold [Commissioner of Labor], 282 AD2d 855, 855 [2001]; Matter of De Voe [Hudacs], 193 AD2d 1042, 1042 [1993]; see Matter of Busman [Hartne…
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In the Matter of the Claim of Saul B. Gold, Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Apr 12, 2001.
282 A.D.2d 855
2001 N.Y. App. Div. LEXIS 3692
Cited by 2 opinions  |  Published

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 14, 2000, which, inter alia, reduced claimant’s weekly unemployment insurance benefit rate to zero.

The record demonstrates that claimant received a pension that had been fully funded by the employer. Accordingly, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant’s weekly benefit rate to zero (see, Labor Law § 600 [7]; Matter of Scheiner [Commissioner of Labor], 263 AD2d 658). To hold otherwise would subvert the purpose of the Unemployment Insurance Law, i.e., “to provide income to unemployed workers who are without earned income” (Matter of Liss [Ross], 80 AD2d 716).

Crew III, J. P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.