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LEICHTNER v. LEICHTNER

18 A.D.3d 446 (2005)

794 N.Y.S.2d 440

JACK LEICHTNER, Respondent, v. BARBARA LEICHTNER, Appellant.

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

May 2, 2005.

Although a pension is normally subject to equitable distribution, the defendant failed to request that the Supreme Court award her a portion of the plaintiff's pension, and no evidence was offered with regard to the plaintiff's pension. Under these circumstances, the Supreme Court properly declined to distribute a portion of the plaintiff's pension to the defendant (see LeVigne v LeVigne, 220 A.D.2d 561, 562 [1995]; see also Cleary...

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