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LYONS v. STATE

153 N.J. Super. 396 (1977)

379 A.2d 1276

MARIANE M. LYONS, PETITIONER-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS, BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1977.

Attorney(s) appearing for the Case

Mr. Thomas A. Deakin, argued the cause for appellant (Messrs. Minogue, Deakin and Grabler, attorneys).

Mr. Stacy L. Moore, Jr., Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges HALPERN, LARNER and KING.

KING, J.A.D.

This is an appeal from a final determination of the Board of Trustees of the Police and Firemen's Retirement System (Board), N.J.S.A. 43:16A-1 et seq., denying appellant widow's survivor benefits. We are required to apply the statutory definition of "widow" to an unusual and undisputed factual situation.

Appellant was married to Francis Lyons in 1944. In 1947 Lyons joined the Newark Police Department and enrolled in the Police and...

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