Opinion
November 1, 1943.
Action in equity brought by the husband of the decedent, who was a member of the Teachers' Retirement System, in which plaintiff, in effect, seeks to have the reserve fund payable under the Teachers' Retirement System legislation declared an asset of the decedent's estate and subject to his claimed right of election pursuant to section 18 of the Decedent Estate Law. Order denying plaintiff's motion for summary judgment, pursuant to rules 113 and 114 of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. No opinion. Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur. [ 180 Misc. 1004.]