MATTER OF BURGER

516353.

109 A.D.3d 1073 (2013)

972 N.Y.S.2d 349

2013 NY Slip Op 6059

In the MATTER OF the Claim of JAMES A. BURGER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 26, 2013.


Claimant, a driver for a retail supermarket chain for over 30 years, was laid off in March 2010 and, thereafter, sought unemployment insurance benefits. Notably, when he applied for benefits, claimant duly informed the Department of Labor concerning his anticipated receipt of pension benefits, which he began to receive in June 2010 in the monthly amount of $2,941,66. Thereafter, claimant was given notice that, due to his fully employer-funded pension, his unemployment insurance...

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