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SHERMAN v. NEW YORK STATE TEACHERS' RET. SYS.

50 N.Y.2d 980 (1980)

Riva D. Sherman, Appellant, v. New York State Teachers' Retirement System et al., Respondents.

Court of Appeals of the State of New York.

Decided June 26, 1980.

Attorney(s) appearing for the Case

Joel Field for appellant.

Robert Abrams, Attorney-General (Carl E. Stephan and Shirley Adelson Siegel of counsel), for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Section 512 (subd b, par 2) of the Education Law provides that a death benefit is payable upon the death of a member of the New York State Teachers' Retirement System who dies prior to the effective date of retirement if "in service" at the time of death. Respondents interpreted the "in service" prerequisite as not met by a teacher who, following leave of absence from the school...

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