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MATTER OF LEISTEN v. McCALL

285 A.D.2d 897 (2001)

727 N.Y.S.2d 781

In the Matter of PEARL LEISTEN, Individually and as Survivor and Beneficiary of DAVID LEISTEN, Deceased, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York and as Representative of the New York State and Local Employees' Retirement System, Respondent.

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

Decided July 19, 2001.

Peters, J.

Petitioner is the widow of David Leisten (hereinafter decedent) who was a member of the New York State and Local Employees' Retirement System. In the spring of 1997, decedent was diagnosed with terminal lung cancer, prompting his request in October 1998 for early retirement effective December 3, 1998. At such time, decedent also filed a request for an estimate of retirement benefits which would be payable under the joint allowance-full option (see,<...

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