McCARTHY v. LEVITT


59 A.D.2d 952 (1977)

Virginia M. McCarthy, as Administratrix of The Estate of Charles E. McCarthy, Deceased, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, et al., Respondents

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

November 3, 1977


Petitioner's husband suffered a stroke on December 20, 1968, while in State service. The record shows that he was totally incapacitated by the stroke, but no committee was ever appointed. The employee died on July 28, 1969 without ever having retired. Petitioner contends that she received advice by a personnel officer of the Department of Transportation to the effect that she should wait until her husband's sick pay allowance and vacation time were exhausted before retiring...

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