DURANTINI v. DURANTINI


225 A.D.2d 1061 (1996)

639 N.Y.S.2d 213

Joseph Durantini, Appellant, v. Jacqueline M. Durantini, Respondent

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

March 8, 1996


Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: In 1985 the parties entered into an opting out agreement, which was incorporated in the divorce decree. The agreement provides that the wife would share in the husband's pension according to the Majauskas formula (see, Majauskas v Majauskas, 61 N.Y.2d 481). Thereafter...

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