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KAZEL v. KAZEL

3 N.Y.3d 331 (2004)

819 N.E.2d 1036

786 N.Y.S.2d 420

SANDRA KAZEL, Appellant, v. SUSANA CORSELLO KAZEL, as Administrator of the Estate of ROBERT KAZEL, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 2004.

Attorney(s) appearing for the Case

Adorante, Turner & Associates, Camillus (Anthony P. Adorante of counsel), for appellant.

Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

A judgment of divorce and qualified domestic relations order (QDRO) awarding an interest in the husband's pension plan do not automatically include preretirement death benefits available under the plan. If the intent is to distribute such benefits, that should be separately, and explicitly, stated.

After 28 years of marriage, Robert and Sandra Kazel were divorced in 1991. In accordance with a final posttrial...

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