Appellate Division of the Supreme Court of New York, 1996

Durantini v. Durantini

Durantini v. Durantini
Appellate Division of the Supreme Court of New York · Decided March 8, 1996
225 A.D.2d 1061; 639 N.Y.2d 213; 639 N.Y.S.2d 213; 1996 N.Y. App. Div. LEXIS 2896
Durantini v. Durantini

Opinion of the Court

*1062Plaintiff appeals from a Qualified Domestic Relations order, entered after his termination, which includes "permanent total disability retirement” benefit as part of his "retirement benefit” and orders a fixed percentage to the wife. Nothing in the record supports the determination that the opting out agreement includes sharing the permanent total disability retirement benefit. The order is, therefore, reversed, and the matter is remitted to Supreme Court to enter a corrected order. (Appeal from Order of Supreme Court, Onondaga County, Mordue, J. — Qualified Domestic Relations Order.) Present — Denman, P. J., Pine, Wesley, Callahan and Boehm, JJ.

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