Gross v. New York State Teachers Retirement System

In this CPLR article 78 proceeding the petitioner seeks an order annulling respondent’s determination that petitioner, as the widow of Jack I. Gross, was not entitled to the payment of a death benefit pursuant to the provisions of section 512 of the Education Law.

Jack I. Gross, a tenured school teacher in the City School District of Peekskill and a member of the New York State Teachers’ Retirement System, was discharged from his position on June 30, 1973.1 He commenced a timely article 78 proceeding seeking reinstatement, back pay and other emoluments. While the article 78 proceeding was…