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JONES v. JONES

212 A.D.2d 1037 (1995)

624 N.Y.S.2d 1005

H. Richard Jones, Respondent, v. Juliann M. Jones, Appellant

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

February 3, 1995

Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum:

Defendant contends that Supreme Court erred in failing to distribute plaintiff's non-vested New York State pension. We agree. It is well-settled that a non-vested pension is marital property subject to equitable distribution (Burns v Burns, 84 N.Y.2d 369

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