In re the Estate of Ryan

OPINION OF THE COURT

John B. Riordan, J.

In this SCPA 2103 discovery proceeding, the administrator seeks a declaration that the estate is entitled to the benefits of the decedent’s retirement plans, and an order that the decedent’s former spouse, Anne Marie Boranian, the designated beneficiary of the retirement benefits, refund all monies paid to her by the retirement plans. In a prior decision of this court dated March 22, 2005 (decision No. 1097), this court held this petitioner must exhaust her administrative remedies under the Employee Retirement Income Security Act of 1974 (ERISA), as…