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MATTER OF SCHWIND v. McCALL

277 A.D.2d 695 (2000)

716 N.Y.S.2d 406

In the Matter of JENNIFER E. SCHWIND, Petitioner, v. H. CARL McCALL, as State Comptroller of the New York State and Local Retirement Systems, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 16, 2000.

Carpinello, J.

Upon retiring from State employment, Philip N. Schwind (hereinafter decedent) selected the five-year certain retirement option and filed a form dated August 1, 1996 naming petitioner, decedent's niece, as beneficiary. Thereafter, decedent requested from the New York State and Local Employees' Retirement Systems a change of beneficiary form. On August 19, 1996, he completed the form naming respondent Richard Kappeler as the primary beneficiary and petitioner...

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