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IN RE TOMARCHIO

148 N.J. Super. 99 (1977)

371 A.2d 1271

IN THE MATTER OF CARMELLA TOMARCHIO, PERS #120,882, APPEAL OF VINCENT TOMARCHIO.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1977.

Attorney(s) appearing for the Case

Messrs. Falciani & DiMuzio, attorneys for appellant (Mr. Angelo J. Falciani, of counsel and on the brief).

Mr. William F. Hyland, Attorney General, attorney for respondent (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Stacy L. Moore, Jr., Deputy Attorney General, on the brief).

Before Judges LORA, CRANE and MICHELS.

The opinion of the Court was delivered by CRANE, J.A.D.

This is an appeal from a determination of the Board of Trustees of the Public Employees' Retirement System. The Board denied appellant's application for an accidental death benefit allowance brought after the death of his wife pursuant to N.J.S.A. 43:15A-49(b). The Board concluded that the applicant did not meet the statutory definition of "widower" contained in N.J.S.A.

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