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MONTERO v. McFARLAND

70 A.D.3d 1282 (2010)

895 N.Y.S.2d 257

FRANK MONTERO, Appellant, v. KAREN McFARLAND, Respondent.

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

Decided February 25, 2010.

McCarthy, J.

In 1998, the parties entered into a stipulation that was incorporated into, but did not merge with, their judgment of divorce. The stipulation provided that plaintiff's pension with his employer would be divided between the parties pursuant to the Majauskas formula (see Majauskas v Majauskas, 61 N.Y.2d 481 [1984]). In 2007, when plaintiff was below the age at which he could receive an ordinary pension...

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