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DELUCA v. DELUCA

276 A.D.2d 143 (2000)

718 N.Y.S.2d 364

CRESCENZO DELUCA, Appellant, v. MARIA DELUCA, Respondent.

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

December 26, 2000.

Attorney(s) appearing for the Case

Alexander Potruch, P. C., Mineola, for appellant.

Robert A. Ross, Kew Gardens, for respondent.

THOMPSON, J.P., and SCHMIDT, J., concur with LUCIANO, J.; FEUERSTEIN, J., concurs in the result only based on the reasoning set forth in (NYLJ, May 6, 1996, at 35, col 6, ).

OPINION OF THE COURT

LUCIANO, J.

Among the many issues raised by the plaintiff husband in this action for a divorce and ancillary relief is the question of whether payments from the New York City Police Department Police Superior Officers' Variable Supplements Fund, which are made to eligible retired police officers, are marital assets subject to equitable distribution. The New York appellate courts have not yet addressed this question. We conclude that...

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