In re the Claim of Powell

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, dated October 8, 1969, which sustained an initial determination of the Industrial Commissioner reducing appellant’s benefit rate pursuant to section 600 of the Labor Law because of a retirement pension. The appellant does not dispute that the statute required his rate to be reduced or that the rate determined is mathematically correct. (Cf. Matter of Jackson [iCatherwood], 24 A D 2d 1038, affd. 20 N Y 2d 863.) He asserts that such a reduction is a violation of the privilege and immunity clause of the United…