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,
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
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