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KENNEDY v. RET. SYS.

51 A.D.2d 296 (1976)

Kathleen Kennedy et al., as Executors of Thomas J. Whalen, Deceased, Respondents-Appellants, v. New York City Employees' Retirement System et al., Appellants-Respondents

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

March 11, 1976

Attorney(s) appearing for the Case

Martin H. Selman of counsel (L. Kevin Sheridan with him on the brief; W. Bernard Richland, Corporation Counsel), for appellants-respondents.

Norman H. Dachs of counsel (Beth Goldmacher with him on the brief; Mack, Grady, Ricca & Donnelly and Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood, attorneys), for respondents-appellants.

STEVENS, P. J., MURPHY, CAPOZZOLI and NUNEZ, JJ., concur.

SILVERMAN, J.

In this action plaintiffs, the executors and beneficiaries of the estate of a deceased former employee of the City of New York, Thomas J. Whalen, seek the benefit of Option 1 of the New York City Retirement System Plan (Administrative Code of City of NY, § B3-46.0) which in essence gives to the deceased employee's estate or beneficiaries the unused balance of the value of his pension annuity...

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