Delson v. Teachers' Retirement Board

Appellate Division of the Supreme Court of New York

Delson v. Teachers' Retirement Board

197 A.D.2d 430, 602 N.Y.S.2d 609

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 19, 1993

StatusPublished

This text of 197 A.D.2d 430 (Delson v. Teachers' Retirement Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delson v. Teachers' Retirement Board, 197 A.D.2d 430, 602 N.Y.S.2d 609 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Order and judgment (one paper) entered on or about November 18, 1991, denying petitioner’s application to vacate respondents’ determination that her deceased husband is not entitled to retroactive membership in the New York City Teachers’ Retirement System ("TRS”) and that she is not entitled to any death benefits payable by TRS, unanimously affirmed, without costs.

Petitioner’s decedent’s failure to submit, within the statutory period, papers to join the TRS bars petitioner-spouse’s subsequent application for retroactive membership and death benefits (see, Matter of Owens v McGuire, 121 AD2d 292). Respondents were under no duty to inform petitioner’s decedent of the statute’s financial ramifications (supra, at 295, citing, inter alia, Matter of McLaughlin v Berle, 71 AD2d 707, 708, affd 51 NY2d 917), and hence there is no equitable estoppel. Concur—Murphy, P. J., Carro, Ross and Asch, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order and judgment (one paper) entered on or about November 18, 1991, denying petitioner’s application to vacate respondents’ determination that her deceased husband is not entitled to retroactive membership in the New York City Teachers’ Retirement System ("TRS”) and that she is not entitled to any death benefits payable by TRS, unanimously affirmed, without costs.

Petitioner’s decedent’s failure to submit, within the statutory period, papers to join the TRS bars petitioner-spouse’s subsequent application for retroactive membership and death benefits (see, Matter of Owens v McGuire, 121 AD2d 292). Respondents were under no duty to inform petitioner’s decedent of the statute’s financial ramifications (supra, at 295, citing, inter alia, Matter of McLaughlin v Berle, 71 AD2d 707, 708, affd 51 NY2d 917), and hence there is no equitable estoppel. Concur—Murphy, P. J., Carro, Ross and Asch, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

197 A.D.2d 430, 602 N.Y.S.2d 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delson-v-teachers-retirement-board-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack