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McDERMOTT v. McDERMOTT

119 A.D.2d 370 (1986)

Isabel A. McDermott, Respondent, v. Fergus J. McDermott, Appellant, and Fire Department Article 1-B Pension Fund of the City of New York, Proposed Intervenor-Appellant

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

October 14, 1986

Attorney(s) appearing for the Case

Joel R. Brandes for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Larry A. Sonnenshein and Edward F. X. Hart of counsel), for proposed intervenor-appellant.

E. Patricia Somerset, P. C., for respondent.

NIEHOFF and RUBIN, JJ., concur with LAZER, J. P.; THOMPSON, J., dissents in part and votes to delete the provisions of the judgment appealed from which limit the defendant's choice of options and designation of beneficiary with respect to his pension, and otherwise concurs and votes to further modify the judgment by reducing the award of counsel fees from $7,500 to $7,000, to otherwise affirm the judgment, and to reverse the order appealed from and to grant the proposed intervenor's motion for leave to intervene, with an opinion, in which WEINSTEIN, J., concurs.

LAZER, J. P.

In her seemingly classic though recent study of the economic and social consequences of modern divorce laws, Professor Weitzman observes concerning pensions: "A divorced person who has been awarded a share of his or her spouse's pension may still face problems in collecting the benefit. One problem occurs if the worker elects to forego survivor's coverage. Under most pension plans, a worker can...

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