Hanover v. New York State Policemen's & Firemen's Retirement System

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Comptroller properly determined that the application for an ordinary disability retirement filed on August 14, 1975 by the appellant’s intestate, a member of the New York State Policemen’s and Firemen’s Retirement System, was canceled upon his death on October 6, 1975.

As appellant concedes, the retirement did not vest at the time of filing. Section 362 (subd aa, par 2) of the Retirement and Social Security Law expressly states that retirement shall not be effective until "as of a date approved by the…