MATTER OF HAMMER


263 A.D.2d 608 (1999)

703 N.Y.S.2d 284

In the Matter of the Claim of BEN HAMMER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided July 1, 1999.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant's benefit rate to zero. The record establishes that claimant's pension was totally funded by his employer and that the amount of his pension payments exceeded the maximum weekly unemployment benefit rate of $300 (see, Labor Law § 590 [5]). Accordingly, claimant's unemployment insurance benefits were properly reduced by the amount of his pension benefits (

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