MATTER OF HALL


285 A.D.2d 777 (2001)

728 N.Y.S.2d 560

In the Matter of the Claim of DONALD A. HALL, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided July 12, 2001.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant's unemployment insurance benefit rate to zero. When claimant's job was abolished, he chose one of three early retirement plans offered by the employer. Inasmuch as the record establishes that the retirement package was fully funded by the employer, we decline to disturb the Board's decision (see, Labor Law § 600 [7]; see also, Matter of Cohen [Sweeney],<...

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