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Estate of Richburg-James

Spouse May File Late Notice of Intent to Exercise Right of Election if Timely Payment Made

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*1  In this contested accounting proceeding, the decedent’s daughter and mother, who are the only beneficiaries of the decedent’s New York Employees’ Retirement System (NYCERS) pension, move for an order directing NYCERS to pay the entire pension proceeds to them. The motion is predicated on the alleged failure by the attorney for the decedent’s spouse to comply with several court orders (see Matter of Richburg James, NYLJ, July 25, 2017 at 22, col 5 [Sur Ct, Bronx County 2017]). The motion is opposed by the spouse, who avers that the movants improperly rejected several tenders of payment by his attorney. NYCERS takes no position on the application, except to reiterate its desire to pay the proceeds as directed by the court. On January 11, 2018, following oral argument, the motion was marked “submitted for determination.” In support of their motion, the movants reiterate the history of these proceedings noting that by decision and order dated July 20, 2017, this court denied the spouse’s application seeking reduction of an assessment

*2

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