Lade v. Levitt

There are two motions before the court. First, the Comptroller of the State of New York seeks an order dismissing the complaint (declaratory judgment) of Dorothy M. Lade on the ground that she has failed to exhaust the administrative remedies available to her. Secondly, Mary Parker Lade, pursuant to article 78 of the CPLR, moves to compel the Comptroller to pay over to her, as the duly appointed and designated beneficiary of the proceeds of her husband’s retirement death benefits, the moneys he has already administratively determined are properly payable to her.

The first wife of the deceased…