Barone v. Levitt

Staley, Jr., J.

This is an appeal, in two article 78 proceedings, from a judgment (1) dismissing the petition of John F. Barone in Proceeding No. 1, and (2) awarding certain death benefits to petitioner Doris L. Barone, and directing the payment of all proceeds due from the New York State Employees’ Retirement System by reason of the death of Joseph A. Barone to Doris L. Barone, in Proceeding No. 2.

On March 23, 1967 Joseph A. Barone died while employed as a Deputy Sheriff of Erie County, having been so employed since 1947. He married petitioner Doris L. Barone in 1964 and, on January 26, 1965…