Ginsberg v. Levitt

This is a proceeding under article 78 of the CPLR (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a final determination of the State Comptroller which disapproved petitioner’s application for payment of the ordinary death benefit and accumulated contributions available on account of the death of Isidore Ginsberg, a member of the New York State Employees’ Retirement System.

Subdivision c of section 60 of the Retirement and Social Security Law (as amd. by L. 1960, ch.…