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JOHNSON v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

CA 11-00831.

93 A.D.3d 1148 (2012)

941 N.Y.S.2d 369

2012 NY Slip Op 1881

WENDY JOHNSON et al., Appellants, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM et al., Respondents, et al., Defendant. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 16, 2012.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and plaintiffs' motion for summary judgment seeking to designate plaintiffs Dane V. Johnson and Danika V. Johnson as the joint irrevocable beneficiaries of the New York State Retirement Plan death benefit of Dan Johnson is granted.

Memorandum: Plaintiff Wendy Johnson and Dan Johnson (decedent) were divorced in 1998. During the divorce action, they executed a matrimonial...

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