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MATTER OF JACOBELLI v. REGAN

131 A.D.2d 166 (1987)

In the Matter of Samuel Jacobelli, Individually and as Executor of Vincent Jacobelli, Deceased, Petitioner, v. Edward Regan, as Comptroller of The State of New York, Respondent

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

November 5, 1987

Attorney(s) appearing for the Case

Cuddy & Fedder (Thomas R. Beirne of counsel), for petitioner.

Robert Abrams, Attorney-General (Alan W. Rubenstein of counsel), for respondent.

MAHONEY, P. J., and MAIN, J., concur with HARVEY, J.; CASEY and YESAWICH, JR., JJ., dissent and vote to confirm in an opinion by CASEY, J.

HARVEY, J.

This dispute over the death benefits of Vincent Jacobelli (hereinafter decedent), a member of the New York State Employees' Retirement System (hereinafter retirement system), who died in September 1976, has been before this court on two previous occasions (114 A.D.2d 609; 88 A.D.2d 1040). Briefly stated, petitioner, who is decedent...

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