Legal Opinion

In re the Claim of Brainin

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1997PublishedCited by 4 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 11, 1995, which, inter alia, ruled that claimant’s benefit rate should be reduced.

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…

2Cases cited1 opinion

  1. In re the Claim of ChriscadenAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by4 opinions

  1. In re the Claim of ScheinerAppellate Division of the Supreme Court of the State of New York · 1999
  2. In re the Claim of HughesAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re the Claim of KrumholtzAppellate Division of the Supreme Court of the State of New York · 1999
  4. Matter of Morganstern (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2021

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