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MAJAUSKAS v. MAJAUSKAS

94 A.D.2d 494 (1983)

Henry Majauskas, Appellant-Respondent, v. Sandra Majauskas, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1983

Attorney(s) appearing for the Case

Gerald Beckerman and Diana Pitts for appellant-respondent.

Friedman & Greenfield, P. C. (Mark A. Drexler of counsel), for respondent-appellant.

DILLON, P. J., and CALLAHAN, J., concur with BOOMER, J.; GREEN and SCHNEPP, JJ., dissent and vote to reverse in part in an opinion by SCHNEPP, J.

BOOMER, J.

The judgment in this divorce action awards the defendant wife maintenance, child support and a share of the husband's pension benefits. The parties were married on December 1, 1973 and this action was commenced on August 4, 1980. The husband has been a policeman since 1969 and has a vested but unmatured right to receive retirement benefits from the New York State Policemen's and Firemen's Retirement System. The husband asserts that the trial...

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