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MATTER OF LANDSMAN

37 A.D.2d 667 (1971)

In the Matter of the Claim of Benjamin Landsman, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 28, 1971

There is no real question here that claimant, 72 years old at the time he left employment, had retired (compare, Matter of Guilfoyle [Dow Jones & Co. — Catherwood], 36 A.D.2d 108). Rather the issue is the nature of the benefits he is receiving from the employer. Briefly the record reveals that the employer inaugurated a pension plan when claimant was 65 years old and thus ineligible...

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