Berlangero v. New York State & Local Employees' Retirement System

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 the Comptroller which denied petitioner’s application for payment of the remainder of the pension reserve fund of her deceased stepfather.

The facts underlying this CPLR article 78 proceeding are not disputed. Decedent, Joseph Sepcenski, was a member of respondent, New York State and Local Employees’ Retirement System (hereinafter ERS). Petitioner, as the only child of decedent’s second wife, Veronica Berlangero Sepcenski, is decedent’s…