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GRABOIS v. JONES

88 N.Y.2d 254 (1996)

667 N.E.2d 307

644 N.Y.S.2d 657

Stuart Grabois, in His Fiduciary Capacity as Assistant Director, et al., Plaintiffs-Respondents, v. Kay Jones, Defendant-Appellant, and Annie M. Jones, Defendant.

Court of Appeals of the State of New York.

Decided April 2, 1996.

Attorney(s) appearing for the Case

Kay Jones,, defendant-appellant pro se.

Pryor, Cashman, Sherman & Flynn, New York City (Tom J. Ferber of counsel), for plaintiffs-respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in Per Curiam opinion.

Per Curiam.

In the exercise of this Court's discretion under section 500.17 of the Rules of the Court of Appeals (22 NYCRR 500.17), we decline to accept the question certified to us by the United States Court of Appeals for the Second Circuit (77 F.3d 574) in this action brought under the Employee Retirement Income Security Act (ERISA): Whether a second spouse whose marriage is void due to...

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