Ward v. New York State & Local Retirement Systems

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 State Comptroller which denied petitioner’s application to change the retirement option election of her deceased husband.

Petitioner contends that as a result of his alcohol addiction, *1006decedent, petitioner’s husband, was incompetent at the time he selected his retirement benefits option, which gave decedent maximum benefits during his lifetime with no b enefits to petitioner upon his death. Contrary to petitioner’s contention, there was no…