Grabois v. Jones

OPINION OF THE COURT

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 F3d 574) in this action brought under the Employee Retirement Income Security Act (ERISA): Whether a second spouse whose marriage is. void due to the existence of a prior, undissolved marriage, is nonetheless entitled to some portion of her or his spouse’s death benefits when the second marriage was the result of a formal ceremony, undertaken…