Appeal from a judgment of the Supreme Court at Special Term, entered March 30, 1973 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to vacate an order of the Comptroller of the State of New York. On March 29, 1963 decedent, became a member of the New York State Employees’ Retirement System. Thereafter, and on January 29, .1968, he named appellant, his niece, as beneficiary to receive benefits in the event he died prior to his retirement. On November 19, 1969 decedent filed an application for retirement effective December 20, 1969. Subsequently, and on January 29, 1970, he executed on a form provided by the Retirement System an election of benefits under “ Option One ” and named appellant beneficiary to receive the balance of his unpaid retirement allowance upon his death. Decedent died on February 4, 1970, but {the election of benefits form was not received by the New York State Employees’ Retirement System until February 18, 1970. The respondent disapproved appellant’s application for benefits on the ground that the decedent died “ after the effective date of his retirement and without having made an effective election of a retirement option ”. (Retirement and Social Security Law, § 90.) This article 78 proceeding ensued. We agree" with the respondent’s determination. The weight of author
