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IN THE MATTER OF KRYSA v. NEW YORK STATE & LOCAL RETIREMENT SYS.

504389

2008 NY Slip Op 06499

IN THE MATTER OF RUSSELL KRYSA, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM ET AL., Respondents.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Chiacchia & Fleming, L.L.P., Buffalo (Christen A. Pierrot of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (William E. Storrs of counsel), for New York State and Local Retirement System, respondent.

Before: Mercure, J.P., Rose, Kane, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND JUDGMENT

MALONE Jr., J.

During his employment with the Town of Wheatfield Highway Department in Niagara County in February 2004, Edward Mettler (hereinafter decedent) executed a form (hereinafter the 2004 designation form) designating his former spouse, his two children and his girlfriend, respondent Robin Douglas, as the primary beneficiaries of his ordinary death benefit with respondent New York State and Local Retirement System. On that...

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