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

—Casey, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s application for benefits after her husband’s death.

Petitioner’s husband, a member of respondent, elected to retire at age 62 with approximately 29 years of State service. He filed a retirement option election form with a check mark in the box for the single life allowance, under which he was to receive the maximum retirement allowance available to him with all payments to cease upon his…