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FRIEDMAN v. CITY OF NEW YORK TEACHERS'

13 A.D.3d 63 (2004)

786 N.Y.S.2d 25

BRUCE FRIEDMAN, as Administrator of the Estate of ANNE M. FRIEDMAN, Deceased, Appellant, v. CITY OF NEW YORK TEACHERS' RETIREMENT BOARD TEACHERS' RETIREMENT SYSTEM et al., Respondents.

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

December 2, 2004.

TRS's determination to pay the subject death benefits to decedent's sister, pursuant to the only designation of beneficiary filed by decedent, was neither affected by an error of law nor arbitrary and capricious. Indeed, TRS had no power or discretion to award the death benefits to any person other than a named beneficiary (see Matter of Venet v Teachers' Retirement Sys. of City of N.Y., 159 A.D.2d 273, 274 [1990], lv denied<...

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