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  5. 25 N.Y.2d 196 (1969)
 

ORTELERE v. TEACHERS' RET. BD.

25 N.Y.2d 196 (1969)

Francis B. Ortelere, Individually and as Executor of Grace W. Ortelere, Deceased, Appellant, v. Teachers' Retirement Board of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

A. Mark Levien for appellant.

J. Lee Rankin, Corporation Counsel (Robert T. Hartmann and Stanley Buchsbaum of counsel), for respondent.

Chief Judge FULD and Judges BURKE and BERGAN concur with Judge BREITEL; Judge JASEN dissents and votes to affirm in separate opinion in which Judge SCILEPPI concurs.

BREITEL, J.

This appeal involves the revocability of an election of benefits under a public employees' retirement system and suggests the need for a renewed examination of the kinds of mental incompetency which may render voidable the exercise of contractual rights. The particular issue arises on the evidently unwise and foolhardy selection of benefits by a 60-year-old teacher, on leave for mental illness and...

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