Appellate Division of the Supreme Court of the State of New York March 23, 1995 (Swick v. New York State & Local Employees' Retirement System)

—Casey, J.

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 the Comptroller which denied petitioner’s application for benefits after her husband’s death.

Petitioner’s husband, a member of respondent, elected to retire at age 62 with approximately 29 years of State service.