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SILBER v. SILBER

290 A.D.2d 156 (2002)

739 N.Y.S.2d 116

BARBARA K. SILBER et al., Appellants, v. BARBARA A. SILBER et al., Respondents, and JEFFREY SILBER et al., Intervenors-Respondents.

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

February 26, 2002.

Attorney(s) appearing for the Case

Martin Nardi Gamliel for appellants.

Morton J. Turchin of counsel (Turchin & Hoffman, P.C., attorneys), for Barbara A. Silber, respondent, and intervenors-respondents.

No appearances for remaining respondents.

ANDRIAS, SAXE, WALLACH and LERNER, JJ., concur.

OPINION OF THE COURT

WILLIAMS, J. P.

The main issue presented by this appeal is whether, as a matter of law, the waiver provisions of a Qualified Domestic Relations Order (QUADRO), executed by an ex-spouse in consideration for her ex-husband providing her with a lump-sum payment during his lifetime, constitutes an effective renunciation of her earlier designation as death beneficiary of his pension plan.

As a result of Dr. Robert Silber's employment...

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