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CROWLEY v. N. Y. S. RET. SYS.

58 Misc.2d 788 (1969)

Ola A. Crowley, Plaintiff, v. New York State Employees' Retirement System, Defendant.

Supreme Court, Special Term, Albany County.

January 25, 1969

Attorney(s) appearing for the Case

O'Connell, McEwen & Du Pre (Thomas E. Du Pre of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley of counsel), for defendant.

HAROLD R. SODEN, J.

Plaintiff moves for summary judgment in lieu of a complaint pursuant to CPLR 3213 against the defendant for any sum or sums of money due Kenneth Crowley, deceased, and now held by the defendant.

The facts are undisputed. The motion submitted involves a matter of law.

It appears that one Kenneth Crowley died April 30, 1968 while a member of the New York State Employees' Retirement System. Certain moneys are being held...

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