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Wendy Johnson, Dane V. Johnson and Danika V. Johnson, Plaintiffs-Appellants v. New York State and Local Retirement System

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 16, 2012

WENDY JOHNSON, DANE V. JOHNSON AND DANIKA V. JOHNSON, PLAINTIFFS-APPELLANTS,
v.
NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, OFFICE OF NEW YORK STATE COMPTROLLER,
THOMAS P. DINAPOLI, KIMBERLY LEONE-JOHNSON, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 27, 2010.

Johnson v New York State & Local Retirement Sys.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 16, 2012

PRESENT: SCUDDER, P.J., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.

The order, among other things, awarded defendant Kimberly Leone-Johnson one-third of decedent Dan Johnson's New York State Retirement Plan death benefit.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

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