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

Appeal from a judgment of the Supreme Court (McGrath, J.), entered August 23, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to, among other things, review a determination of the Comptroller denying petitioner’s request for decedent’s retirement death benefit.

At all times relevant to this proceeding, Richard Ely (hereinafter decedent) was employed by the Division of Criminal Justice Services and was a member of respondent, the New York State and Local Employees’ Retirement System. During the course of such membership, decedent…