Demerritt v. Levitt

*27OPINION OF THE COURT

Harold J. Hughes, J.

This is a proceeding pursuant to CPLR article 78 to review a determination of the State Comptroller.

On November 12, 1963 Alfred Demerritt, a municipal employee, filed an application for membership in the New York State Employees Retirement System and designated his wife, the respondent Eva Demerritt, as his beneficiary. Alfred Demerritt died on December 29, 1976. Following his death the estate of the decedent made claim for his death benefit based upon a waiver which had been executed by Eva Demerritt on April 25, 1977. In that waiver, which was in…