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OLIVO v. OLIVO

82 N.Y.2d 202 (1993)

624 N.E.2d 151

604 N.Y.S.2d 23

Joan M. Olivo, Appellant, v. Edubijes Olivo, Sr., Respondent. Albert Tanchick, Respondent, v. Linda C. Tanchick, Appellant.

Court of Appeals of the State of New York.

Decided November 11, 1993.

Attorney(s) appearing for the Case

Kaman, Berlove, Marafioti, Jacobstein & Goldman, Rochester (Joyce F. Petronio of counsel), for appellant in the first above-entitled action.

Davidson, Fink, Cook & Gates, Rochester (Michael T. Allen of counsel), for respondent in the first above-entitled action.

Kaman, Berlove, Marafioti, Jacobstein & Goldman, Rochester (Joel J. Goldman of counsel), for appellant in the second above-entitled action.

Lacy, Katzen, Ryen & Mittleman, Rochester (Richard Glen Curtis of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

SIMONS, J.

In these two actions, we are asked to decide whether a woman who is entitled to share in her former husband's pension is also entitled to share in benefits from an early retirement incentive package accepted by the former husband after divorce. We hold that such postdivorce incentive packages are not marital property, and therefore not subject to equitable distribution, except for the portion of the...

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