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MATTER OF CARR v. JONBIL, INC.

245 A.D.2d 369 (1997)

666 N.Y.S.2d 193

In the Matter of Susan C. Carr, Respondent, v. Jonbil, Inc., et al., Respondents, and John Carr, Jr., Intervenor-Appellant

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

December 8, 1997

Ordered that the judgment and the order are reversed, with one bill of costs, on the law and the facts, and the proceeding is dismissed.

Contrary to the trial court's determination, no qualified domestic relations order was entered in the present proceeding (see, Internal Revenue Code [26 USC] § 414 [p]; 29 USC § 1056 [d] [3]). Therefore, pursuant to CPLR 5205 (c), the funds in the appellant's account with...

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