While the Priors
concede that Ms. Noone and Firefighter
Prior were engaged — they had reserved a
church and a reception hall, and
Firefighter Prior had bought Ms. Noone
an $8,000 ring — they say that she fails
to meet any of the other criteria.
“She did not live
with him,” Marian Prior, a retired
bookkeeper, said on Tuesday at the
office of her lawyer, Norman H. Siegel.
“He did not support her financially.
They didn’t share budgeting. All that
happened was they had plans for a
wedding, and those plans were
interrupted.”
A fair amount of
money is at stake. If the Priors win,
life expectancy tables predict they
would gain more than $800,000 in monthly
payments over the rest of their lives.
If Ms. Noone, 36, prevails, actuarial
tables predict she will get about $2.6
million over the course of her life. The
Priors, who have already collected an
estimated $1.5 million in survivors’
benefits, say their suit is not about
money but about correcting the record of
their son’s life.
“When we buried
Kevin,” said Mrs. Prior, 62, “we buried
all hopes for the future. All we have
left is memories, and that memory has to
be the truth.” Kevin Prior, 27, was a
member of Squad 252 in Bushwick.
Ms. Noone, a
teacher in Nassau County who began
dating Kevin Prior in 1997, has sworn in
court papers that he lived with her and
her roommate for eight months in the
late 1990s. She said he paid most of her
bills for a while when she was studying
to be a teacher.
And she said
that for the last year of his life she
stayed with him in his room in the
basement of his parents’ house in
Bellmore, on Long Island, when he was
not on duty at his firehouse in
Brooklyn, returning to her own parents’
house on those nights.
“We shared the
same bed four to five nights a week,”
she said on Wednesday. “His parents were
well aware that I was down there,”
though they did not approve, she said.
After
Firefighter Prior’s death, Ms. Noone
said, she stayed with the Priors for
several weeks.
False, false,
false and false, the Priors said.
“She was never
allowed to be an overnight guest, nor
was any of our boys allowed to have
girls overnight,” said Gerard Prior, 66,
a retired police officer. The Priors
said that their son did not support Ms.
Noone, though they acknowledge that over
the course of three years he paid more
than $7,000 of her bills.
After
Firefighter Prior died, his best friend
and his fiancée found consolation in
each other. In a year or so they started
dating. In July 2004, a year after Ms.
Noone applied for the pension benefits
and four days before she was to be
married to Sergeant Wheeler, she was
sued by the Priors.
The case is
being heard by a judge, Laura L.
Jacobson, without a jury. In their suit,
the Priors seek to overturn the decision
of the Fire Department’s pension board
to award the pension to Ms. Noone.
In his testimony
on Thursday, Sergeant Wheeler, 35,
supported Ms. Noone’s version of events.
Kevin Prior did move into Ms. Noone’s
apartment in 1997 and lived there with
her and her roommate for months, he
said. “I used to call him Jack from
‘Three’s Company,’ ” he said.
When Firefighter
Prior moved back to his parents’
basement, Sergeant Wheeler said, his
bedroom was filled with Ms. Noone’s
shoes and toiletries. “Hair spray, baby
powder, perfume, gel,” Sergeant Wheeler
said. “I never saw a woman use so many
products.”
After 9/11, he
said, when he would go to the Priors’
house at 4 a.m. to update them after a
12-hour shift at ground zero, Ms. Noone
would be asleep in a back bedroom.