Legal Opinion
Claim of Gorey v. New York State Comptroller
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 2011PublishedCited by 2 opinions
1Opinion of the CourtEgan Jr, J.
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 which denied petitioners’ application to void the retirement option of their deceased father.
Kevin M. Gorey Sr. (hereinafter decedent) applied for service retirement benefit payments on August 2, 2004. Decedent elected benefit payments under the “Single Life Allowance” option, meaning he would receive the maximum lifetime retirement allowance payable to him and the payments would stop at his death. Under this option, he was not…
2Cases cited5 opinions
- Boucher v. ReganAppellate Division of the Supreme Court of the State of New York · 1982
- Cummings v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1992
- Hansen v. McCallAppellate Division of the Supreme Court of the State of New York · 2004
- Ward v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 1992
- Ross v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by2 opinions
- Matter of Westmoreland v. New York State and Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2015
- Stancarone v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2018