Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 27, 2010. The order, among other things, awarded defendant Kimberly Leone-Johnson one-third of decedent Dan Johnson’s New York State Retirement Plan death benefit.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present — Scudder, PJ., Fahey, Garni, Sconiers and Martoche, JJ.