Appellate Division of the Supreme Court of the State of New York March 16, 2012, Appeal No. 1 (Johnson v. New York State & Local Retirement System)

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 27, 2010. The order, among other things, awarded defendant Kimberly Leone-Johnson one-third of decedent Dan Johnson’s New York State Retirement Plan death benefit.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin’ Tree Rest. v Pardi [appeal No.