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KELLY v. TEACHERS' RET.

100 Misc.2d 149 (1979)

In the Matter of Edna M. Kelly, Petitioner, v. New York State Teachers' Retirement System, Respondent.

Supreme Court, Special Term, Ulster County.

July 12, 1979

Attorney(s) appearing for the Case

Thaddeus S. Gorycki for petitioner. Robert Abrams, Attorney-General (David A. Dietrich of counsel), for respondent.

JOHN T. CASEY, J.

The petitioner, as the designated beneficiary of her deceased son, Michael J. Kelly, seeks to compel the respondent retirement system to pay her the death benefits provided in section 512 (subd b, par 2) of the Education Law.

During his life the decedent was a teacher in the Deer Park Union Free School District. On September 24, 1976 he applied for and was granted sick leave status...

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