Judgment modified, on the law and the facts, (1) by deleting from the seventh decretal paragraph thereof everything after the words "sole expense"; (2) by adding to the sixth decretal paragraph thereof a provision limiting the maintenance payments to be made to the plaintiff wife to a period of 10 years; (3) by adding to the third decretal paragraph thereof a provision expanding defendant's visitation privileges to include one weekend per month, commencing on Friday at 7:00 P.M., and terminating on Sunday at 6:00 P.M., provided that defendant gives notice to plaintiff not less than 10 days in advance of his exercise of this right of visitation; and (4) by adding thereto a decretal paragraph awarding plaintiff $2,524.46, representing a one-half interest in defendant's vested pension benefits acquired during the course of the parties' marriage. As so modified, judgment affirmed, insofar as appealed from, without costs or disbursements.
Defendant cannot be required to pay "all unreimbursed balances for medical and dental expenses" because such payments are in the nature of open-ended obligations, and are thus improper under 22 NYCRR 699.9 (f) (6) (see, Troiano v Troiano, 87 A.D.2d 588). This, of course, does not preclude plaintiff from applying to the Supreme Court or the Family Court to recover the expenses which she may hereafter incur for any extraordinary medical or dental treatment for the children (Troiano v Troiano, supra, at pp 588-589).
We further find that Trial Term erred in concluding that defendant acquired no vested pension rights while employed at Consolidated Edison, as the record clearly established that he did. Pension rights earned during a marriage and prior to the commencement of a divorce action are properly subject to equitable distribution Majauskas v Majauskas, 61 N.Y.2d 481, 488; Glasberg v Glasberg, 104 A.D.2d 788). This court, in the exercise of discretion vested in it by Domestic Relations Law § 236 (B), may order distribution to one spouse of an equitable portion of that part of the present value of the other spouse's pension rights earned during the marriage (Majauskas v Majauskas, supra, at pp 493-494). Such a course of action is preferable when "the amount the non-employee spouse will receive is small and there is sufficient marital property to be awarded in lieu of a deferred interest" (Rodgers v Rodgers, 98 A.D.2d 386, 392)
Inasmuch as there is nothing in the record to indicate that more frequent visitation would be inimical to the children's best interests (see, Paolini v Paolini, 100 A.D.2d 868), we have enlarged the defendant's visitation privileges since "[t]o be meaningful * * * visitation must be frequent and regular" (Daghir v Daghir, 82 A.D.2d 191, 194, affd 56 N.Y.2d 938.
Upon this record, there is an insufficient basis upon which to determine the plaintiff's request for counsel fees, as an application for a counsel fee must comply with section 699.11 of the rules of this court (22 NYCRR) with respect to the official form required to be filed. Our decision is, however, without prejudice to plaintiff applying, if she be so disposed, to Trial Term for the counsel fees which she presently requests.