Liss v. Ross
| Citation | 80 A.D.2d 716,437 N.Y.S.2d 731 |
| Parties | In the Matter of the Claim of Martin LISS, Appellant, v. Philip ROSS, as Industrial Commissioner, Respondent. |
| Decision Date | 26 February 1981 |
| Court | New York Supreme Court Appellate Division |
Martin Liss, appellant pro se.
Robert Abrams, Atty. Gen. (Steven A. Segall, Asst. Atty. Gen., of counsel), for respondent.
Before KANE, J. P., and MAIN, CASEY, MIKOLL and HERLIHY, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 25, 1980, which affirmed the decision of the Administrative Law Judge sustaining an initial determination of the Industrial Commissioner reducing claimant's benefit rate pursuant to section 600 (subd. 7) of the Labor Law from $125 per week to zero effective April 7, 1980.
On February 1, 1980, claimant lost his employment as a mail room supervisor at Berkey Marketing Company under non-disqualifying conditions. He thereafter commenced receiving a federal pension of $1,125 per month which resulted from his former employment in the federal civil service and also Social Security benefits which totalled $248 per month through June, 1980 and $292 per month beginning July 1, 1980. Since he was thus receiving pension benefits in excess of his established unemployment benefit rate of $125 per week, the board, pursuant to section 600 (subd. 7) of the Labor Law, reduced his unemployment benefit rate from $125 per week to zero effective April 7, 1980. This appeal ensued.
Seeking a reversal of the board's decision, claimant basically argues that subdivision 7 of section 600 of the Labor Law is unconstitutional in that it discriminates against senior citizens and pensioners. We disagree. In so ruling, we would emphasize that one who asserts the invalidity of a statute bears a heavy burden and that the Legislature may properly classify persons without infringing upon the constitutional guarantee of equal protection as long as the distinction made is reasonable and has "some relevance to the purpose for which the classification is made" (Neale v. Hayduck, 35 N.Y.2d 182, 186, 359 N.Y.S.2d 542, 316 N.E.2d 861, app. dsmd. 420 U.S. 915, 95 S.Ct. 1109, 43 L.Ed.2d 388; see also, Matter of Pratt v. Tofany, 37 A.D.2d 854, 326 N.Y.S.2d 257).
The statutory classification challenged herein plainly passes this test. Through their years of employment, pensioners and Social Security recipients have earned the retirement income which they receive in the form of monthly pension...
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Latella v. Com., Unemployment Compensation Bd. of Review
... ... evils the statute was designed to obviate (economic ... insecurity and indigency) are prevented. See, In re Claim ... of Liss, 80 A.D.2d 716, 437 N.Y.S.2d 731 (3d. Dept., ... Furthermore, ... in Section 404(d)(iii), the Legislature denominated specific ... ...
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Latella v. Com., Unemployment Compensation Bd. of Review
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