Matter of Colavito v. New York State Comptroller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, P.J.
Appeal from a judgment of the Supreme Court (Breslin, J.), entered February 6, 2014 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.
Matthew Colavito (hereinafter decedent), a member of respondent New York State and Local Retirement System, was married to petitioner at the time of his death on January 11, 2011. In March 2011, respondents paid decedent’s ordinary death benefits to his son and his former spouse in accordance with the beneficiary designations reportedly filed by decedent. * In response to an inquiry by…
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