Legal Opinion
Alfieri Ex Rel. Estate of Alfiere v. Guild Times Pension Plan
District Court, E.D. New York
Decided August 3, 2006No. CV 03-5717(ADS)PublishedCited by 2 opinions
1Opinion of the Court
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” or the “decedent”) contends that she never signed and in fact, never saw a document in which she allegedly waived her rights to receive monthly pension benefits as…
2Cases cited31 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Robert F. Byrnie v. Town of Cromwell, Board of Education, Body Corporate Cromwell Board of Education Body CorporateCourt of Appeals for the Second Circuit · 2001
- Residential Funding Corporation v. Degeorge Financial Corp., Degeorge Home Alliance, Inc. And Degeorge Capital CorpCourt of Appeals for the Second Circuit · 2002
- Boggs v. BoggsSupreme Court of the United States · 1997
- Robert E. Muller, Antoinette I. Muller v. First Unum Life Insurance CompanyCourt of Appeals for the First Circuit · 2003
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3Cited by2 opinions
- Larry L. Thompson Revocable Trust v. StullIndiana Court of Appeals · 2006
- Langbert v. AconskyAppellate Division of the Supreme Court of the State of New York · 2022