Oro v. New York State Employees' Retirement System

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 to be designated beneficiary of her deceased husband’s death benefit.

In October 1969, Michael Oro was divorced from his wife, respondent Joan Oro. He became an employee of the State Thruway Authority in January 1972 and joined respondent State Employees’ Retirement System. At that time he designated his ex-wife as the beneficiary of the death benefit feature of his retirement plan. Michael…