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BELSCHER v. STATE TEACHERS' RET.

45 A.D.2d 206 (1974)

Lillian A. Belscher, as Executrix of Mary I. Brosemer, Deceased, Respondent, v. New York State Teachers' Retirement System, Appellant

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

July 5, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for appellant.

Burke & Burke (Thomas M. Burke of counsel), for respondent.

MARSH, P. J., MOULE, CARDAMONE and SIMONS, JJ., concur.

WITMER, J.

This case presents the question of the jurisdiction of the Supreme Court to determine an issue of liability for breach of a contract between the New York State Teachers' Retirement System and the estate of a deceased member thereof. Defendant, New York State Teachers' Retirement System, appeals from the order of Special Term granting summary judgment to plaintiff as executrix of the will of Mary I...

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