McCarthy v. Levitt

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s request for benefits as the beneficiary of a deceased retiree. Petitioner’s husband suffered a stroke on December 20, 1968, while in State service. The record shows that he was totally incapacitated by the stroke, but no committee was ever appointed. The employee died on July 28, 1969 without ever having retired. Petitioner contends that she received advice by a personnel officer of the…