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MATTER OF WHITFIELD v. AVENT

531710.

192 A.D.3d 1250 (2021)

143 N.Y.S.3d 436

2021 NY Slip Op 01308

In the Matter of Sharon Whitfield, Petitioner, v. Tracey Avent, Formerly Known as Tracey Whitfield, Respondent, and Colleen C. Gardner, as Executive Deputy Comptroller, et al., Respondents.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Webster Szanyi LLP, Buffalo ( Andrew O. Miller of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Beezly J. Kiernan of counsel), for Colleen C. Gardner and another, respondents.

Garry, P.J., Egan Jr., Lynch and Reynolds Fitzgerald, JJ., concur.

In February 2007, Michael Whitfield (hereinafter decedent), a member of respondent New York State and Local Retirement System, submitted an application for performance of duty disability retirement benefits in which he elected to receive benefits under the single life allowance option—a benefit option that pays benefits only during...

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