Demers v. Regan

Appellate Division of the Supreme Court of New York

Demers v. Regan

198 A.D.2d 714, 605 N.Y.S.2d 967, 1993 N.Y. App. Div. LEXIS 10781

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 714 (Demers v. Regan) 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

Demers v. Regan, 198 A.D.2d 714, 605 N.Y.S.2d 967, 1993 N.Y. App. Div. LEXIS 10781 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for ordinary death benefits.

There is substantial evidence in the record to support respondent’s conclusion that petitioner failed to meet her burden of proving that petitioner’s decedent was on the payroll in the service upon which his membership in the State [715]*715retirement system was based and paid within 12 months prior to his death. Respondent’s decision to deny petitioner’s application for ordinary death benefits must, therefore, be upheld.

Weiss, P. J., Mikoll, Yesawich Jr., Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s application for ordinary death benefits.

There is substantial evidence in the record to support respondent’s conclusion that petitioner failed to meet her burden of proving that petitioner’s decedent was on the payroll in the service upon which his membership in the State [715]*715retirement system was based and paid within 12 months prior to his death. Respondent’s decision to deny petitioner’s application for ordinary death benefits must, therefore, be upheld.

Weiss, P. J., Mikoll, Yesawich Jr., Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

198 A.D.2d 714, 605 N.Y.S.2d 967, 1993 N.Y. App. Div. LEXIS 10781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demers-v-regan-nyappdiv-1993.