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MATTER OF HUTT v. RETIREMENT BOARD OF NEW YORK STATE TEACHERS' RETIREMENT SYSTEM

299 A.D.2d 679 (2002)

749 N.Y.S.2d 597

In the Matter of SUZANNE M. HUTT, Individually and as Executor of JOHN R. HUTT, Appellant, v. RETIREMENT BOARD OF NEW YORK STATE TEACHERS' RETIREMENT SYSTEM et al., Respondents.

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

Decided November 14, 2002.

Cardona, P.J.

The essential facts herein are undisputed. In May 1999, John R. Hutt (hereinafter decedent), a teacher for 32 years in the school system of the City of Tonawanda, Erie County, submitted a retirement application to respondent New York State Teachers' Retirement System (hereinafter the System) to be effective July 1, 1999. In the application, he elected to take the retirement option that would pay him the most money during his lifetime but would cease...

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