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MATTER OF VOLPICELLI v. NEW YORK CITY POLICE PENSION FUND, ARTICLE II

257 A.D.2d 449 (1999)

682 N.Y.S.2d 587

In the Matter of FLORENCE VOLPICELLI, Appellant, v. NEW YORK CITY POLICE PENSION FUND, ARTICLE II, et al., Respondents.

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

Decided January 14, 1999.

The application was properly denied for failure to adduce proof sufficient to raise an issue of fact as to whether petitioner's husband was suffering from a medically classified psychosis at the time he selected his pension options (see, Ortelere v Teachers' Retirement Bd., 25 N.Y.2d 196, 204-206; Sigman v Human Resources Admin., 227 A.D.2d 218

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