Appellate Division, Third Department · September 17, 2026 · 2026 NY Slip Op 05359
Matter of Schachter (Commissioner of Labor)
Read the official decision: 2026 NY Slip Op 05359
Holding The claimant was ineligible for unemployment benefits because the payment he received was classified as dismissal pay, which exceeded his maximum weekly benefit rate during the relevant period. The court affirmed the recovery of overpaid benefits and the imposition of penalties based on the claimant’s willful misrepresentation regarding his receipt of severance.
The court’s words
No benefits shall be payable to a claimant for any week during a dismissal period for which a claimant receives dismissal pay
2026 NY Slip Op 05359, at the official text
the unemployment insurance benefits paid to claimant are recoverable based upon the false statements
2026 NY Slip Op 05359, at the official text
The Board, as the sole arbiter of credibility, was also entitled to reject claimant's exculpatory testimony
2026 NY Slip Op 05359, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 17, 2026 |
| Citation | 2026 NY Slip Op 05359 |
| Area of law | Workers’ Compensation and Unemployment |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05359 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 345 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Schachter (Commissioner of Labor), 2026 NY Slip Op 05359 (Appellate Division, Third Department, September 17, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05359/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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