McGINTY v. STATE

No. 98-9060.

193 F.3d 64 (1999)

Mary McGINTY, as Administrator of the Estate of Maureen Nash, on behalf of herself and all others similarly situated, and James Nash, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. STATE OF NEW YORK, New York State and Local Employees' Retirement System, and New York State Department of Taxation and Finance, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 1, 1999.


Attorney(s) appearing for the Case

James T. Towne, Jr., Kingsley and Towne, P.C., Albany, N.Y. (Stuart Potter, Butler, Fitzgerald & Potter, New York, NY, of counsel) for Plaintiffs-Appellants.

Daniel Smirlock, Assistant Attorney General, State of New York (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, of counsel) for Defendants-Appellees.

Before: CABRANES and SACK, Circuit Judges, and SHADUR, District Judge.


SHADUR, District Judge:

Mary McGinty and James Nash are respectively the Executrix of the Estate and the designated death benefit beneficiary of Maureen Nash ("Nash"), a former employee of the New York State Department of Taxation and Finance ("Department") and, as such, a former member of the New York State and Local Employees' Retirement System ("Retirement System"). Acting on behalf of themselves and all others similarly situated, they brought this action against...

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