Blaisdell v. New York State Teachers' Retirement System
Opinion of the Court
Appeal from a judgment of the Supreme Court at Special Term, entered May 10, 1977 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to pay petitioner an optional retirement allowance. Petitioner is the widower of Lauris Blaisdell and the designated beneficiary of an optional retirement allowance for which Mrs. Blaisdell applied prior to her death. Mrs. Blaisdell, a member of the New York State Teachers’ Retirement System, executed an application for disability retirement on June 2, 1976 and mailed it to respondent’s office on June 4. Respondent notified her that her application had been received on June 7 and that her "retirement will take effect on 7/7/76 * * * contingent on the recommendation of our medical board and the approval of the retirement board.” The notice also requested completion of the "Election of Retirement Benefit” form. Mrs. Blaisdell died at approximately 8:30 on the evening of July 6, 1976. That day respondent received the election form selecting Option 1 under section 513 of the Education Law, and designating petitioner as beneficiary. By letter dated July 9, respondent advised petitioner that the election of benefits form was unacceptable because his wife’s signature was not affixed in the presence of a notary public. The letter continued: "upon receipt of a death certificate, this System will
Case-law data current through December 31, 2025. Source: CourtListener bulk data.