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  5. 224 A.D.2d 849 (1996)
 

MATTER OF KIRKIKIS

224 A.D.2d 849 (1996)

637 N.Y.S.2d 811

In the Matter of the Claim of Nicholas G. Kirkikis, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

February 22, 1996

After leaving his position as an engineer for a telephone company, claimant received a lump-sum payment which he rolled over into an individual retirement account in lieu of receiving a monthly annuity. Taking into consideration the value of the lump-sum payment, the Board reduced claimant's benefit rate to zero and charged him with a recoverable overpayment of $300. Claimant argues that because he reinvested the lump-sum payment...

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