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HENKEN v. STATE TEACHERS' RET.

35 A.D.2d 399 (1970)

In the Matter of David Henken, Appellant, v. New York State Teachers' Retirement Board, Respondent

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

December 29, 1970.

Attorney(s) appearing for the Case

Curtis F. McClane for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., COOKE and SWEENEY, JJ., concur.

REYNOLDS, J.

This is an appeal from a judgment of the Supreme Court, Albany County, which dismissed appellant's petition in a proceeding brought pursuant to article 78 of the CPLR seeking review of a denial of the payment of disability benefits to petitioner as the designated beneficiary of such benefits by his deceased wife.

Petitioner's deceased wife, a teacher, had accumulated a credit of 15 years...

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