Appellate Division of the Supreme Court of New York, 1977

Kopansky v. New York City Employees' Retirement System

Kopansky v. New York City Employees' Retirement System
Appellate Division of the Supreme Court of New York · Decided February 17, 1977
56 A.D.2d 555; 391 N.Y.S.2d 980; 1977 N.Y. App. Div. LEXIS 10562
Kopansky v. New York City Employees' Retirement System

Opinion of the Court

Judgment, Supreme Court, New York County, entered May 17, 1976, unanimously affirmed, without costs and without disbursements. We agree entirely with the reasons stated by Justice Gellinoff at Special Term, for the conclusion, in effect, that appellant retirement system is estopped from denying the validity of its correction of prior administrative error by belated acceptance of appellant’s election of pension plan. We observe in addition that all that was involved here was an appropriate recognition that petitioner respondent had indeed elected her retirement plan within the prescribed time by mailing it timely. Concur—Stevens, P. J., Kupferman, Birns, Silverman and Markewich, JJ.

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