Matter of McKie (Commissioner of Labor)

Matter of McKie (Commissioner of Labor) 2015 NY Slip Op 05732 Decided on July 2, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: July 2, 2015
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[*1] SHIRLEY ZURI McKIE, Appellant.

and

COMMISSIONER OF LABOR, Respondent.

Calendar Date: May 28, 2015
Before: Garry, J.P., Egan Jr., Rose and Lynch, JJ.

Shirley Zuri McKie, Tulsa, Oklahoma, appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Rose, J.

MEMORANDUM AND ORDER

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,

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.