St. Louis v. New York State Comptroller

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 Comptroller which denied petitioner’s application to change her deceased husband’s option election of retirement benefits.

Petitioner contends that due to the physical illness and unstable condition of decedent, her husband, he was not physically or mentally capable of making an intelligent, knowing and voluntary retirement option election and that she therefore should have been permitted to change that election. However,…