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MATTER OF MONTESANI v. LEVITT

9 A.D.2d 51 (1959)

In the Matter of Doris A. Montesani, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 13, 1959.

Attorney(s) appearing for the Case

Aranow, Brodsky, Bohlinger, Einhorn & Dann (Lloyd I. Singer, Alfred J. Bohlinger and I. Stephen Rabin of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Milton Alpert and Paxton Blair of counsel), for respondents.

BERGAN, J. P., COON and GIBSON, JJ., concur; HERLIHY, J., concurs in the result.

REYNOLDS, J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the State Comptroller which denied the petitioner's application for an additional payment from the New York State Employees' Retirement System.

The petitioner's husband retired from the New York Insurance Department on February 21, 1949 due to ordinary physical disability. At that time he had an annuity...

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