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MATTER OF GOREY v. NEW YORK STATE COMPTROLLER

511125

83 A.D.3d 1363 (2011)

921 N.Y.S.2d 706

In the Matter of the Claim of KEVIN M. GOREY JR. et al., Petitioners, v. NEW YORK STATE COMPTROLLER, Respondent.

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

Decided April 28, 2011.

EGAN Jr., J.

Kevin M. Gorey Sr. (hereinafter decedent) applied for service retirement benefit payments on August 2, 2004. Decedent elected benefit payments under the "Single Life Allowance" option, meaning he would receive the maximum lifetime retirement allowance payable to him and the payments would stop at his death. Under this option, he was not allowed to designate a beneficiary. On September 1, 2004, the date of decedent's retirement, the New York State and...

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