MATTER OF TINSLEY


50 A.D.2d 961 (1975)

In the Matter of the Claim of Martin H. Tinsley, Appellant. Blue Cross of Central New York, Respondent. Louis L. Levine, as Industrial Commissioner, Respondent

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

December 4, 1975


Claimant, on retirement from Blue Cross of Central New York, elected to receive his pension benefits in a lump sum payment. Thereafter he applied for unemployment insurance benefits and it was determined by the board that he had received his pension payment under a retirement plan financed wholly by the employer. Consequently, claimant's benefit rate was reduced by the pro rata weekly amount of his retirement payments (Labor Law, § 600). The board, in affirming the prior...

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