Smith v. New York State & Local 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 respondent Comptroller which denied petitioner’s application to change her deceased husband’s option election of retirement benefits.

Petitioner is the widow of George Smith, who had been employed by the Department of Mental Hygiene. Smith was a Tier I vested member in respondent New York State and Local Employees’ Retirement System. Smith was suffering from terminal cancer at the time of these events. On June 3, 1988, Smith gave petitioner a…