Legal Opinion · Dissent
Tomasino v. New York State Employees' Retirement System
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1982Published
1DissentWeiss, J.
We respectfully dissent. It is well recognized that the Comptroller has exclusive authority to act upon all applications for any form of retirement (Retirement and Social Security Law, § 74, subd b), including the determination of the mental capacity of members to make applications and elections (Matter of Morris v New York State Employees’Retirement System, 6. AD2d 937). The hearing, officer emphasized that petitioner, by her failure to elect an option on decedent’s behalf (Retirement and Social Security Law, § 90, subd a), waived such right. This waiver, coupled with petitioner’s failure to…
2Cases cited6 opinions
- Ortelere v. Teachers' Retirement BoardNew York Court of Appeals · 1969
- Schwartzberg v. Teachers' Retirement BoardAppellate Division of the Supreme Court of the State of New York · 1948
- Schwartzberg v. Teachers' Retirement BoardNew York Court of Appeals · 1948
- Keith v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1974
- Pentinen v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1978
1 more not listed; retrieve them via the Exa API.