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RICHARDS v. RICHARDS

232 A.D.2d 303 (1996)

648 N.Y.S.2d 589

Anne B. Richards, Respondent, v. William Richards, Appellant

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

October 29, 1996

We are in accord with the view expressed by the United States District Court, Southern District of New York in Hurwitz v Sher (789 F.Supp. 134, 137 [citing Treasury Regulation (26 CFR) § 1.401 (a)-20], affd for other reasons 982 F.2d 778, 781, n 3, cert denied 508 U.S. 912) that, under the Employee Retirement Income Security Act (29 USC § 1055 [c] [2] [A] [i]) and the Internal...

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