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MATTER OF HAYMAN-CHAFFEY v. LANDY

267 A.D.2d 142 (1999)

701 N.Y.S.2d 24

In the Matter of CHARLES HAYMAN-CHAFFEY, as Executor of JOHN W. LANDY, Deceased, Respondent, v. SONDRA LANDY, Appellant, et al., Respondent.

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

Decided December 21, 1999.

Since appellant relinquished any rights she had in the subject plans under her separation agreement with the decedent, incorporated but not merged in the divorce judgment, she would have to disgorge any proceeds received from the administrator regardless of whether the plans qualify as employee benefit plans subject to the ERISA provision that proceeds are to be distributed only to the designated beneficiaries (cf., Weizenecker v Weizenecker, 140 A...

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