Opinion
January 8, 1998
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
Respondent New York City Employees' Retirement System was not obligated to obtain a waiver from petitioner, the spouse of a former, now deceased, city employee, before paying him the maximum retirement allowance under his pension plan, which he chose to receive and accepted for more than five years before his death ( see, Campo v. New York City Employees' Retirement Sys., 223 A.D.2d 466, lv denied 88 N.Y.2d 811). We have considered petitioner's remaining claims and find them to be without merit.
Concur — Rosenberger, J.P., Wallach, Rubin, Williams and Tom, JJ.