MATTER OF CLAIM OF COONEY


2 A.D.3d 1025 (2003)

768 N.Y.S.2d 526

In the Matter of the Claim of ROBERT M. COONEY, Appellant. COMMISSIONER OF LABOR, Respondent.

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

December 11, 2003.


Kane, J.

After 29 years of service with Bell Atlantic, claimant left in the beginning of March 1998 and started working for Lucent Technologies, Inc. later that same month. At the time he left Bell Atlantic, claimant received a lump-sum distribution from a pension plan funded by Bell Atlantic and rolled it into an existing individual retirement account in his name. He subsequently enrolled in a pension plan funded by Lucent and, pursuant to a portability agreement...

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