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SEDITA v. STATE COMPTROLLER

57 A.D.2d 21 (1977)

In the Matter of Sarah R. Sedita, Petitioner, v. Comptroller of the State of New York, Respondent

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

April 7, 1977

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (B. T. Mangano of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for respondent.

GREENBLOTT, J. P., KANE, LARKIN and HERLIHY, JJ., concur.

SWEENEY, J.

There is no substantial dispute as to the facts. Frank Sedita, a member of the New York State Employees Retirement System, retired on March 12, 1973 and became a beneficiary under the system. The option selected by him provided that if a member dies before he "received retirement allowance payments equal to the present value of his retirement allowance, as it was at the time of his retirement, the...

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