Because firefighter Kevin Prior passed away while in the line of duty, his "domestic partner," Doreen Noone, was found by the New York City Fire Department's Pension Fund to be entitled to an accidental death benefit. Displeased with that determination, a member of Prior's family asked the Kings County Supreme Court to review the case, but that challenge ended up getting dismissed.
While a "domestic partner" inquiry requires that the Pension Fund look at a number of factors--like joint property ownership, the longevity of the relationship, intent to marry, registration as domestic partners, sharing of household expenses, and whether or not the parties had children in common--no one element is singularly dispositive.
Although she wasn't the firefighter's "registered" domestic partner, since Noone met some of the law's other requirements, the Appellate Division, Second Department, left the Pension Fund's determination undisturbed.
No one was denying Noone.
To view a copy of the Appellate Division's opinion, please use this link: Matter of Prior v. Board of Trustees of City of New York Fire Depart. Pension Fund