Schwind v. McCall

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which determined that respondent Richard Kappeler is the primary beneficiary of the retirement benefits of decedent.

Upon retiring from State employment, Philip N. Schwind (hereinafter decedent) selected the five-year certain retirement option and filed a form dated August 1, 1996 naming petitioner, decedent’s niece, as beneficiary. Thereafter, decedent requested from the New York State and Local Employees’ Retirement…