DE LUCA v. DE LUCA


300 A.D.2d 342 (2002)

751 N.Y.S.2d 766

MARILYN DE LUCA, Appellant, v. LOUIS E. DE LUCA, Respondent.

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

Decided December 9, 2002.


Ordered that the order is affirmed, with costs.

On January 14, 1998, the parties entered into a stipulation of settlement, and were subsequently granted a judgment of divorce, entered May 22, 1998. The stipulation of settlement was incorporated but did not merge into the judgment of divorce. Both the stipulation of settlement and judgment of divorce stated that the plaintiff was entitled to 50% of the accumulated benefits accrued under the defendant's retirement plan...

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