- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Jan 25 2013 (Date Decided)
- Mastro, J.P.; Dickerson, Sgroi and Hinds-Radix, JJ.
MATTER OF EDWARD MICHAEL THOMAS, a/k/a EDWARD M. THOMAS, DECEASED. MAUREEN PAGE, ap; EILEEN THOMAS, PETITIONER-res — (FILE NO. 687/04)In a proceeding for leave to serve and file a late notice of election against the decedent's estate, Maureen Page, the designated beneficiary of the decedent's pension with the New York City Employees' Retirement System, appeals (1), as limited by her brief, from so much of a decree of the Surrogate's Court, Orange County (Onofry, S.), dated December 1, 2011, as, upon a decision and order of the same court dated June 10, 2011, determined that 80.98 percent of the survivor benefits of the decedent's pension with the New York City Employees' Retirement System was marital property subject to the community property laws of the State of Nevada and that the petitioner was entitled to 40.490 percent of such benefits, and (2) from a decree of the same court dated June 1, 2012, which awarded the petitioner the principal sum of $176,311.68.