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MATTER OF DEMERRITT v. LEVITT

71 A.D.2d 757 (1979)

In the Matter of George Demerritt, as Administrator of The Estate of Alfred Demerritt, Deceased, Appellant, 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.

July 26, 1979

The administrator of the estate of a deceased member of the New York State Employees' Retirement System sought to prevent the Comptroller's payment of death benefits to the decedent's duly designated beneficiary by claiming that the named beneficiary, decedent's surviving spouse, had renounced her right to these death benefits. It is clear that the Retirement and Social Security Law (§ 60, subd c; § 51, subd d) mandates that the Comptroller pay death benefits only...

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