MATTER OF ST. LOUIS v. NEW YORK STATE COMPTROLLER


177 A.D.2d 774 (1991)

In the Matter of Simonne St. Louis, Petitioner, v. New York State Comptroller et al., Respondents

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

November 7, 1991


Petitioner contends that due to the physical illness and unstable condition of decedent, her husband, he was not physically or mentally capable of making an intelligent, knowing and voluntary retirement option election and that she therefore should have been permitted to change that election. However, petitioner's own testimony shows that decedent was aware that he exercised his retirement option, and his physician conceded that decedent was capable of lucid periods and that...

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