MATTER OF PROUSE v. MISARTI


115 A.D.2d 867 (1985)

In the Matter of Ann Prouse, Appellant, v. Mary Misarti, Also Known as Mary E. Prouse, et al., Respondents

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

December 19, 1985


Mahoney, P. J.

Charles J. Prouse (hereinafter Prouse) joined the New York State Employees' Retirement System on January 16, 1964 and designated respondent Mary Misarti, who was then his wife, as beneficiary. On July 24, 1972, the parties entered into a separation agreement wherein they waived all claims for benefits which they had or could have against each other. On September 16, 1972, Misarti and Prouse were divorced. Thereafter,

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