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MTR OF DEMERRITT v. LEVITT

95 Misc.2d 26 (1978)

In the Matter of George Demerritt, as Administrator of The Estate of Alfred Demerritt, Deceased, Petitioner, v. Arthur Levitt, as Comptroller of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

June 2, 1978

Attorney(s) appearing for the Case

Fremont & Weiss (Bernard Fremont and Seymour M. Custen of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley of counsel), for respondent.

HAROLD J. HUGHES, J.

This is a proceeding pursuant to CPLR article 78 to review a determination of the State Comptroller.

On November 12, 1963 Alfred Demerritt, a municipal employee, filed an application for membership in the New York State Employees Retirement System and designated his wife, the respondent Eva Demerritt, as his beneficiary. Alfred Demerritt died on December 29, 1976. Following his death...

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