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Leichtner v. Leichtner

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 446 (N.Y. App. Div. 2005)

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.


Summaries of

Leichtner v. Leichtner

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 446 (N.Y. App. Div. 2005)
Case details for

Leichtner v. Leichtner

Case Details

Full title:JACK LEICHTNER, Respondent, v. BARBARA LEICHTNER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 2, 2005

Citations

18 A.D.3d 446 (N.Y. App. Div. 2005)
794 N.Y.S.2d 440

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