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KELLY v. RET. SYS.

75 A.D.2d 99 (1980)

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

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 12, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (George A. Barron, Joseph J. Micare, William J. Kogan and Shirley Adelson Siegel of counsel), for appellant.

Thaddeus S. Gorycki (Stephen J. Masse and Francis J. Murphy of counsel), for respondent.

GREENBLOTT, J. P., STALEY, JR., MAIN and HERLIHY, JJ., concur.

MIKOLL, J.

Decedent had been a teacher at the Deer Park Union Free School District and a member of the respondent system. On September 24, 1976, he was granted sick leave status. Subsequently, his previously earned sick leave ran out and he applied to "borrow" and was granted 59 additional days which would terminate on May 20, 1977. On April 21, 1977 he died from causes unrelated to the source of his sick leave...

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