Opinion
Decided and Entered: July 12, 2001.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 15, 2000, which reduced claimant's weekly unemployment insurance benefit rate to zero.
Donald A. Hall, Camillus, appellant in person.
Eliot Spitzer, Attorney-General (Dawn A. Foshee of counsel), New York City, for respondent.
Before: Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ.
MEMORANDUM AND ORDER
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; see also, Matter of Cohen [Sweeney], 245 A.D.2d 934;Matter of Richmond [Roberts], 96 A.D.2d 1132).
Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur.
ORDERED that the decision is affirmed, without costs.