Black v. New York State & Local Employees' Retirement System

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered March 31, 2005 in Albany County, which granted petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, inter alia, compel respondent New York State and Local Employees’ Retirement System to pay her the preretirement death benefits of her deceased husband.

Petitioner and her husband, Nathan Black, entered into a separation agreement which was incorporated into a judgment of separation. That stipulation included a paragraph in which each spouse relinquished any…