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SOCHOR v. IBM CORP.

60 N.Y.2d 254 (1983)

Betty J. Sochor, Respondent, v. International Business Machines Corp., Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1983.

Attorney(s) appearing for the Case

M. William Munno, Sheri Van Greenby Fanaroff, Dan F. Laney, III, and Thomas R. Behan, for appellant.

Paul J. Goldstein and Stephen E. Ehlers for respondent.

Chief Judge COOKE and Judges JASEN, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.

JONES, J.

A judgment creditor-wife is not entitled in a proceeding under CPLR 5225 (subd [b]) to which her judgment debtor-former husband is not a party to reach his inchoate rights under a noncontributory retirement plan established by the husband's employer where the husband's entitlement to payments thereunder is dependent on his making an election among alternative benefits and then applying for payment thereof...

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