CUCCHIARO v. CUCCHIARO


165 Misc.2d 134 (1995)

627 N.Y.S.2d 224

Roberta Cucchiaro, Plaintiff, v. Donald Cucchiaro, Defendant.

Supreme Court, Orange County.

April 13, 1995


Attorney(s) appearing for the Case

McGuirk, Levinson, Zeccola, Reineke & Ornstein, P. C., Central Valley (David L. Levinson of counsel), for plaintiff. Melvyn J. Leffler, Middletown, for defendant.


JOHN P. DiBLASI, J.

In Majauskas v Majauskas (61 N.Y.2d 481, 485-486 [1984]), the Court of Appeals announced the rule that "[v]ested rights in a noncontributory pension plan are marital property to the extent that they were acquired between the date of the marriage and the commencement of a matrimonial action". The question to be resolved on these summary judgment...

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