Rocco v Pension Plan of N.Y. State Teamsters Conference Pension & Retirement Fund
2008 NY Slip Op 02364 [49 AD3d 1279]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Dolores Rocco, as Personal Representative of Thomas Rocco and Another, on Behalf of Themselves and All Others Active, Retired and Vested Participants and Their Surviving Spouses and Estates of the Brewery Fund Pension Plan Who Were Denied Benefits Under the New York State Teamsters Conference Pension and Retirement Plan from on or about August 12, 1973, Appellants,
v
Pension Plan of New York State Teamsters Conference Pension and Retirement Fund et al., Respondents.

—[*1] Edgar Pauk, New York City and Martin & Bonnett, P.L.L.C., Phoenix, Arizona, for plaintiffs-appellants.

Paravati, Karl, Green & DeBella, Utica (Vincent M. DeBella of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered October 26, 2006. The order denied plaintiffs' motion for summary judgment and granted defendants' cross motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.