Johnson v New York State & Local Retirement Sys.
2012 NY Slip Op 01880 [93 AD3d 1147]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


Wendy Johnson et al., Appellants, v New York State and Local Retirement System et al., Respondents, et al., Defendant. (Appeal No. 1.) Appellant.

—[*1] Hagerty & Brady, Buffalo (Edwin P. Hunter of counsel), for plaintiffs-appellants.

Law Office of Ralph C. Lorigo, West Seneca (Ralph C. Lorigo of counsel), for defendant-respondent Kimberly Leone-Johnson.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 27, 2010. 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 [1990]). Present—Scudder, P.J., Fahey, Carni, Sconiers and Martoche, JJ.