From Casetext: Smarter Legal Research

MATTER OF LEVANIS v. N.Y.C. EMP RETIRE SYS

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 327 (N.Y. App. Div. 2000)

Opinion

Argued November 14, 2000.

December 12, 2000.

In a proceeding, in effect, to direct the New York City Employees' Retirement System to pay interest on a death benefit paid to the estate of Dennis Levanis, the petitioner appeals from a decree of the Surrogate's Court, Richmond County (Fusco, S.), dated September 13, 1999, which dismissed the petition.

Connors Sullivan, P.C., Brooklyn, N.Y. (Michael N. Connors and John J. Hayes of counsel), for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Marta Ross of counsel), for respondent.

Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, HOWARD MILLER NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the decree is affirmed, with costs.

The Surrogate's Court properly dismissed the petition seeking interest on the death benefit the petitioner received from the New York City Employees' Retirement System, since she did not have a statutory or contractual right to interest (see, Woerz v. Schumacher, 161 N.Y. 530, 534; New York State Thruway Auth. v. Hurd, 25 N.Y.2d 150; cf., Matter of Hoffman, 275 A.D.2d 372 [2d Dept., Aug. 14, 2000]). The court also correctly denied the petitioner's request to recover interest based on unjust enrichment, since the delay which preceded the payment of the death benefit was attributable to the decedent's estate (see, McGrath v. Hilding, 41 N.Y.2d 625; Paramount v. State of New York, 30 N.Y.2d 415, 421).


Summaries of

MATTER OF LEVANIS v. N.Y.C. EMP RETIRE SYS

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 327 (N.Y. App. Div. 2000)
Case details for

MATTER OF LEVANIS v. N.Y.C. EMP RETIRE SYS

Case Details

Full title:IN THE MATTER OF DENISE LEVANIS, A/K/A DENISE YOUNG, ET AL., APPELLANT, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 12, 2000

Citations

278 A.D.2d 327 (N.Y. App. Div. 2000)
718 N.Y.S.2d 210