WERNER v. WERNER


70 Misc.2d 1051 (1972)

Edith F. Werner, Individually and as Executrix of Steven L. Werner, Deceased, Plaintiff, v. Harriet G. Werner et al., Defendants.

Supreme Court, Special Term, Albany County.

July 6, 1972


Attorney(s) appearing for the Case

Schacter, Abuza & Goldfarb for plaintiff. Leo Katzman for Harriet G. Werner, defendant. Louis J. Lefkowitz, Attorney-General, for Arthur Levitt and another, defendants.


EDWARD S. CONWAY, J.

This is a motion by the Comptroller of the State of New York for an order dismissing the complaint in the above-entitled action as against the defendants State Comptroller and the New York State Employees' Retirement System, upon the grounds that pursuant to the mandatory provisions of the Retirement and Social Security Law (§ 60, subd. c, and § 51, subd. d), the State Comptroller must make payment of the ordinary death...

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