Massaro v. New York City Employees' Retirement System

Appellate Division of the Supreme Court of New York

Massaro v. New York City Employees' Retirement System

246 A.D.2d 335, 666 N.Y.S.2d 914, 1998 N.Y. App. Div. LEXIS 42

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

DecidedJanuary 8, 1998

StatusPublished

This text of 246 A.D.2d 335 (Massaro v. New York City Employees' Retirement System) 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

Massaro v. New York City Employees' Retirement System, 246 A.D.2d 335, 666 N.Y.S.2d 914, 1998 N.Y. App. Div. LEXIS 42 (N.Y. Ct. App. 1998).

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Opinion

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered July 9, 1996, which dismissed the petition brought pursuant to CPLR article 78 to annul respondents’ determination denying petitioner’s request to annul her decedent-spouse’s election of maximum retirement allowance, unanimously affirmed, without costs.

Respondent New York City Employees’ Retirement System was not obligated to obtain a waiver from petitioner, the spouse of a former, now deceased, city employee, before paying him the maximum retirement allowance under his pension plan, which he chose to receive and accepted for more than five years before his death (see, Campo v New York City Employees’ Retirement Sys., 223 AD2d 466, lv denied 88 NY2d 811). We have considered petitioner’s remaining claims and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Rubin, Williams and Tom, JJ.

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Order, Supreme Court, New York County (Diane Lebedeff, J.), entered July 9, 1996, which dismissed the petition brought pursuant to CPLR article 78 to annul respondents’ determination denying petitioner’s request to annul her decedent-spouse’s election of maximum retirement allowance, unanimously affirmed, without costs.

Respondent New York City Employees’ Retirement System was not obligated to obtain a waiver from petitioner, the spouse of a former, now deceased, city employee, before paying him the maximum retirement allowance under his pension plan, which he chose to receive and accepted for more than five years before his death (see, Campo v New York City Employees’ Retirement Sys., 223 AD2d 466, lv denied 88 NY2d 811). We have considered petitioner’s remaining claims and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Rubin, Williams and Tom, JJ.

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Bluebook (online)

246 A.D.2d 335, 666 N.Y.S.2d 914, 1998 N.Y. App. Div. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massaro-v-new-york-city-employees-retirement-system-nyappdiv-1998.

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