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  5. 45 N.Y.2d 907 (1978)
 

MATTER OF HANOVER v. NEW YORK STATE POLICEMEN'S & FIREMEN'S RET. SYS.

45 N.Y.2d 907 (1978)

In the Matter of Janet Hanover, as Administratrix of The Estate of William Hanover, Deceased, Appellant, v. New York State Policemen's and Firemen's Retirement System, Respondent.

Court of Appeals of the State of New York.

Decided October 26, 1978.

Attorney(s) appearing for the Case

Nicholas J. Sargent for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Comptroller properly determined that the application for an ordinary disability retirement filed on August 14, 1975 by the appellant's intestate, a member of the New York State Policemen's and Firemen's Retirement System, was canceled upon his death on October 6, 1975.

As appellant concedes, the retirement did not vest at the time of filing...

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