ALFIERI v. GUILD TIMES PENSION PLAN

No. CV 03-5717(ADS).

446 F.Supp.2d 99 (2006)

Janice ALFIERI, individually and as Administratrix of the Estate of Frank Alfieri, Deceased, Plaintiff, v. GUILD TIMES PENSION PLAN, Guild Times Benefit Fund and Robert Costello, Defendants.

United States District Court, E.D. New York.

August 3, 2006.


Attorney(s) appearing for the Case

Tierney & Tierney by George W. Clarke, Esq., Port Jefferson Station, NY, for Plaintiff.

O'Dwyer & Bernstien, LLP by Gary Silverman, Esq., of Counsel, New York City, for Defendants.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this case, the Court must decide whether a spousal consent waiver, signed by the surviving spouse, but notarized in her absence, is a valid waiver.

This action arises under the Employment Retirement Income Security Act of 1974 ("ERISA") 29 U.S.C. §§ 1101 et seq. The plaintiff Janice Alfieri (the "plaintiff" or "Janice"), as surviving spouse and widow of Frank Alfieri ("Frank...

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