HOWE v. HOWE

2007-07984

68 A.D.3d 38 (2009)

2009 NY Slip Op 6804

886 N.Y.S.2d 722

KEVIN HOWE, Appellant-Respondent, v. LUCILLE HOWE, Respondent-Appellant.

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

Decided September 29, 2009.


Attorney(s) appearing for the Case

Barbara J. Strauss, Goshen, for appellant-respondent.

Vergilis, Stenger, Roberts & Davis, LLP, Wappingers Falls (Thomas R. Davis of counsel), for respondent-appellant.

DILLON, FLORIO and ANGIOLILLO, JJ., concur.


OPINION OF THE COURT

SPOLZINO, J.P.

On this appeal and cross appeal, the parties raise, principally, two significant issues related to the equitable distribution of the marital estate. The plaintiff asks us to determine that a portion of his New York City Fire Department disability pension is his separate property, despite the lack of evidence in the record by which the disability and nondisability portions of the pension can be distinguished. On the cross...

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