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DELUCA v. DELUCA

97 N.Y.2d 139 (2001)

762 N.E.2d 337

736 N.Y.S.2d 651

CRESCENZO DeLUCA, Respondent, v. MARIE DeLUCA, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 2001.

Attorney(s) appearing for the Case

Schapiro & Reich, Lindenhurst (Perry S. Reich and Steven M. Schapiro of counsel), and Robert A. Ross, Kew Gardens, for appellant.

Raoul Lionel Felder, P. C., New York City (Myrna Felder of counsel), for respondent.

Queller, Fisher, Dienst, Serrins, Washor & Kool, L. L. P., New York City (Richard A. Dienst, Elliot M. Rudick and Susan T. English of counsel), for Detectives' Endowment Association, Inc. of the New York City Police Department and another, amici curiae.

Michael D. Hess, Corporation Counsel of New York City (Stephen J. McGrath and Alan Beckoff of counsel), for City of New York, amicus curiae.

Cooper, Bamundo, Hecht & Longworth, L. L. P., Brooklyn (Steven Bamundo and James M. Caffrey of counsel), for New York City PBA, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

In this case we must determine whether retirement benefits from the Police Superior Officers' Variable Supplements Fund (PSOVSF) are marital property subject to equitable distribution.

Crescenzo and Marie DeLuca were married on May 29, 1966. The following year, Crescenzo began his career with the New York City Police Department (NYPD), eventually attaining the rank of Detective, First Grade. Marie stopped working...

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