MATTER OF ROGERS


143 A.D.2d 496 (1988)

In the Matter of the Claim of Lenny Rogers, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

September 29, 1988


Casey, J.

Claimant had worked for Steven Scott Enterprises for approximately 18 years until December 21, 1986. He was discharged on that date based on an employment contractual agreement requiring all employees to retire upon their 65th birthday. Although claimant had not contributed to the employer's pension plan, he became entitled to a lump-sum pension of $90,000 or monthly installment payments of $664.67. Claimant intended to collect his pension in...

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