MATTER OF BRAININ


239 A.D.2d 639 (1997)

657 N.Y.S.2d 122

In the Matter of the Claim of Martin W. Brainin, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

May 1, 1997


After leaving his position as a technical writer for a contracting company, claimant received a lump-sum retirement payment which he rolled over into an individual retirement account in lieu of receiving a monthly annuity. The retirement fund from which claimant was paid was fully financed by his employer. After claimant had applied for and received benefits, the Unemployment Insurance Appeal Board rendered a decision ruling that his benefit rate would be reduced to reflect...

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