Robillard v. Levitt

Appeal from a judgment of the Supreme Court at Special Term, entered March 30, 1973 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to vacate an order of the Comptroller of the State of New York. On March 29, 1963 decedent, became a member of the New York State Employees’ Retirement System. Thereafter, and on January 29, .1968, he named appellant, his niece, as beneficiary to receive benefits in the event he died prior to his retirement. On November 19, 1969 decedent filed an application for retirement effective December 20, 1969.…