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FLAHERTY v. McCALL

262 A.D.2d 890 (1999)

692 N.Y.S.2d 771

SHAWN D. FLAHERTY, as Guardian of ELIZABETH L. SHOUDY, an Infant, Respondent, v. H. CARL McCALL, as State Comptroller, New York State and Local Retirement Systems, Respondent, and LINDA C. MARTIN, as Executor of CHARLES H. SHOUDY, Deceased, Appellant, et al., Defendant.

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

Decided June 24, 1999.

Spain, J.

The issue presented on this appeal is whether Supreme Court—having determined that defendant Camille G. Shoudy, the wife of decedent Charles H. Shoudy, had, pursuant to a separation agreement, waived her rights as designated beneficiary to the retirement death benefits of decedent—should have thereafter determined the rights of the two remaining parties who claim entitlement to the benefits. Because we conclude that Supreme Court properly refrained...

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