Sherman v. New York State Teachers' Retirement System

—Appeal from a judgment of the Supreme Court at Special Term, entered June 20, 1978 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78 to direct respondents to pay a death benefit pursuant to section 512 (subd b, par 2) of the Education Law. Judith R. Sherman, employed as a teacher by the Board of Education of the City of New Rochelle, New York, became a member of the New York State Teachers’ Retirement System on September 10, 1959. Effective November 5, 1975, the board of education granted Sherman a parental leave of absence without pay…