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MATTER OF CUMMINGS v. NEW YORK STATE & LOCAL EMPLOYEES' RET. SYS.

187 A.D.2d 862 (1992)

In the Matter of Mary L. Cummings, Appellant, v. New York State and Local Employees' Retirement System et al., Respondents

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

November 12, 1992

There is substantial evidence in the record to support the conclusion by respondent Comptroller that the "option½" election chosen by petitioner's deceased husband was binding (see, Matter of Smith v New York State & Local Employees' Retirement Sys., 167 A.D.2d 644). There was no offer of proof that decedent was incompetent when he made the election (see, Matter of Allaway v Regan, 133...

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