Matter of McKie (Commr. of Labor) ( 2015 )

State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: July 2, 2015 519738
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In the Matter of the Claim of
SHIRLEY ZURI McKIE,
Appellant.
MEMORANDUM AND ORDER
COMMISSIONER OF LABOR,
Respondent.
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Calendar Date: May 28, 2015
Before: Garry, J.P., Egan Jr., Rose and Lynch, JJ.
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Shirley Zuri McKie, Tulsa, Oklahoma, appellant pro se.
Eric T. Schneiderman, Attorney General, New York City (Gary
Leibowitz of counsel), for respondent.
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Rose, J.
Appeal from a decision of the Unemployment Insurance Appeal
Board, filed December 24, 2013, which charged claimant with a
recoverable overpayment of emergency unemployment compensation
benefits.
Claimant was charged with a recoverable overpayment of
$3,636 in federally funded emergency unemployment compensation
benefits (see Pub L 110-252, tit IV, § 4001 et seq., 122 US Stat
2323; Matter of Silver [Commissioner of Labor], 84 AD3d 1634,
1635 [2011]). The Unemployment Insurance Appeal Board denied her
application for a waiver of repayment and claimant appeals.
We affirm. Repayment of emergency unemployment
compensation benefits may be waived as a matter of equity or in
good conscience (see United States Department of Labor,
-2- 519738
Unemployment Insurance Program Letter No 23-08, Attachment A, at
A11-A13). Contrary to claimant's contention, the record reflects
that, at the time of her application, claimant's monthly income
exceeded her expenses. Accordingly, substantial evidence
supports the Board's determination that a waiver was not
justified (see Matter of Babcock [Commissioner of Labor], 106
AD3d 1316 [2013]; Matter of Silver [Commissioner of Labor], 84
AD3d at 1635).
Garry, J.P., Egan Jr. and Lynch, JJ., concur.
ORDERED that the decision is affirmed, without costs.
ENTER:
Robert D. Mayberger
Clerk of the Court