MATTER OF CALLIGARO


19 Misc.3d 895 (2008)

855 N.Y.S.2d 873

In the Matter of the Estate of MARCELLO R. CALLIGARO, Deceased.

Surrogate's Court, Bronx County.

April 7, 2008.


Attorney(s) appearing for the Case

Robert J. Rubenstein (Dara Norman of counsel), for Marsha Calligaro, surviving spouse.

Raymond W. Lew, guardian ad litem.

Michael A. Cardozo, Corporation Counsel of New York City (Jay Douglas Dean of counsel), for New York City Employees' Retirement System.


OPINION OF THE COURT

LEE L. HOLZMAN, J.

In this SCPA 1421 proceeding, the novel question presented is the impact of the decedent's obligation under a property settlement agreement (separation agreement) with his former wife to designate their daughter "as beneficiary of any pension/ retirement survivor benefits until her emancipation," upon his surviving spouse's right, pursuant to EPTL 5-1.1-A (b) (1) (G), to treat the pension "survivorship" benefits payable...

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