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O'CONNOR v. N. Y. C. EMPLOYEES' RET.

42 A.D.2d 70 (1973)

In the Matter of Daniel O'Connor, Respondent, v. New York City Employees' Retirement System of the City of New York, Appellant

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

June 21, 1973.

Attorney(s) appearing for the Case

Eric J. Byrne of counsel (Stanley Buchsbaum with him on the brief; Norman Redlich, Corporation Counsel), for appellant.

Joseph A. Monica of counsel (Monica & Feury, attorneys), for respondent.

MARKEWICH, J. P., KUPFERMAN and STEUER, JJ., concur; NUNEZ, J., dissents and would affirm on opinion of CHIMERA, J., at Special Term.

TILZER, J.

In this article 78 proceeding the New York City Employees' Retirement System appeals from a judgment directing that petitioner be paid death benefits pursuant to Option 1.a of section B3-46.0 of the Administrative Code of the City of New York.

Petitioner's deceased wife, Catherine O'Connor, retired from city service in October, 1968. On July 14, 1969, she filed with the Retirement System a...

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