Matter of Close v. Nitido

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 respondent denying petitioner’s application for designation of death benefits.

Petitioner’s father, William Close (hereinafter decedent), passed away in January 2012. Decedent’s mother, Peggy Eythe, was listed as his primary beneficiary on his last designation of beneficiary form, dated November 17, 2011. On a previous designation of beneficiary form, dated July 26, 2010, petitioner was listed as decedent’s primary beneficiary. After decedent’s…