CAFFREY v. CAFFREY


2 A.D.3d 309 (2003)

770 N.Y.S.2d 33

LAURA CAFFREY, Respondent, v. KENNETH CAFFREY, Appellant.

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

December 23, 2003.


The Special Referee erred in holding that such of plaintiff's stock options as were granted during the marriage as incentives for future services, but which vested after commencement of the action, are her separate property. Rather, the marital property portion of such options should have been determined by a fraction "the numerator [of which] is the period of time from the date of the grant until the end of the marriage, which is the earlier of the date of the separation...

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