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ESTATE OF RALPH A. CASALE, Deceased

ESTATE OF RALPH A. CASALE, Deceased (14/697) — In this pending proceeding, the decedent, Ralph A. Casale, before his death designated the petitioner herein, his domestic partner, Roberta Lipner, as the beneficiary of his NYCERS death benefit. However, inasmuch as the decedent died also survived by a spouse, Helen Casale, the New York City Employees Retirement System has refused to pay over the death benefit to the named beneficiary, since they fear the surviving spouse may also make claim to the benefit. Accordingly, the petitioner seeks to have Limited Letters of Administration issue to the Public Administrator of Richmond County for the purpose of bringing an action to direct NYCERS to pay the death benefit to the petitioner.

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ESTATE OF RALPH A. CASALE, Deceased (14/697) — In this pending proceeding, the decedent, Ralph A. Casale, before his death designated the petitioner herein, his domestic partner, Roberta Lipner, as the beneficiary of his NYCERS death benefit. However, inasmuch as the decedent died also survived by a spouse, Helen Casale, the New York City Employees Retirement System has refused to pay over the death benefit to the named beneficiary, since they fear the surviving spouse may also make claim to the benefit. Accordingly, the petitioner seeks to have Limited Letters of Administration issue to the Public Administrator of Richmond County for the purpose of bringing an action to direct NYCERS to pay the death benefit to the petitioner.

The law is now well settled that the Surrogate’s Court has jurisdiction over any matter that relates to the affairs of a decedent or the administration of an estate (Matter of Piccione, 57 NY2d 278). It is equally clear, however, that the Surrogate’s Court does not have jurisdiction over a dispute, such as here, between living persons. As a result, the petition for Limited Letters of Administration is denied, without prejudice to bringing the dispute in the Court where it properly belongs.

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