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MATTER OF LEVANIS v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

278 A.D.2d 327 (2000)

718 N.Y.S.2d 210

In the Matter of DENISE LEVANIS, Also Known as DENISE YOUNG et al., Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, Respondent.

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

Decided December 11, 2000.

Ordered that the decree is affirmed, with costs.

The Surrogate's Court properly dismissed the petition seeking interest on the death benefit the petitioner received from the New York City Employees' Retirement System, since she did not have a statutory or contractual right to interest (see, Woerz v Schumacher, 161 N.Y. 530, 534; New York State Thruway Auth. v Hurd, 25 N.Y.2d 150; cf., Matter of Hoffman,

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