In re the Claim of Kaplan
Opinion of the Court
—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
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 AD2d 803). 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 AD2d 710; Matter of Skinder [Sweeney], 226 AD2d 796). Accordingly, we conclude that the Board’s decision should not be disturbed.
Cardona, P. J., Mikoll, Crew III, White and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.