Dembrosky v. New York State Employees' Retirement System

— Yesawich, 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 the Comptroller which awarded death benefits to respondent Barbara Rogers upon the death of Thomas Dembrosky.

*708Thomas Dembrosky died on April 7, 1986, survived by respondent Barbara Rogers, his sister; petitioner, his estranged wife; and Erin Dembrosky, his daughter. Decedent became a member of respondent New York State Employees’ Retirement System in November 1979, almost four years after separating from his wife and…