Opinion
2003-09771.
May 2, 2005.
In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Nassau County (McCabe, J.), entered October 13, 1993, which, inter alia, failed to equitably distribute a portion of the plaintiff's pension to her as marital property.
Before: Florio, J.P., Adams, Luciano and Skelos, JJ., concur.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
Although a pension is normally subject to equitable distribution, the defendant failed to request that the Supreme Court award her a portion of the plaintiff's pension, and no evidence was offered with regard to the plaintiff's pension. Under these circumstances, the Supreme Court properly declined to distribute a portion of the plaintiff's pension to the defendant ( see LeVigne v. LeVigne, 220 AD2d 561, 562; see also Cleary v. Cleary, 171 AD2d 1076; Del Gado v. Del Gado, 129 AD2d 426; Michalek v. Michalek, 114 AD2d 655).
The parties' remaining contentions either are without merit or need not be reached in light of our determination.