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MATTER OF BARONE v. LEVITT

29 A.D.2d 149 (1968)

In the Matter of John F. Barone, Appellant, v. Arthur Levitt, as Comptroller of The State of New York, et al., Respondents. (Proceeding No. 1.) In the Matter of Doris L. Barone, Respondent, v. New York State Employees' Retirement System et al., Respondents; John F. Barone, Appellant. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 22, 1968.

Attorney(s) appearing for the Case

Parrino & Cooper (Peter L. Parrino of counsel), for appellant.

Moot, Sprague, Marcy, Landy & Fernbach (Richard F. Griffin of counsel), for Doris L. Barone, respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch of counsel), for Comptroller and New York State Employees' Retirement System, respondents.

GIBSON, P. J., HERLIHY, REYNOLDS and GABRIELLI, JJ., concur.

STALEY, JR., J.

This is an appeal, in two article 78 proceedings, from a judgment (1) dismissing the petition of John F. Barone in Proceeding No. 1, and (2) awarding certain death benefits to petitioner Doris L. Barone, and directing the payment of all proceeds due from the New York State Employees' Retirement System by reason of the death of Joseph A. Barone to Doris L. Barone, in Proceeding No. 2.

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