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MATTER OF JOHNSON

256 A.D.2d 804 (1998)

681 N.Y.S.2d 387

In the Matter of the Claim of FRANK G. JOHNSON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 10, 1998.

The Unemployment Insurance Appeal Board ruled that Labor Law § 600 (7) required a reduction in claimant's benefit rate reflecting his receipt of payments from his military pension. Claimant also was charged with a recoverable overpayment of benefits. We affirm. Substantial evidence supports the finding that claimant's Federal pension fund was 100% funded by the employer, thereby triggering the statutory reduction in benefit...

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