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HUGHES v. HUGHES

3814, 36544/05.

79 A.D.3d 473 (2010)

912 N.Y.S.2d 206

LIDIA HUGHES, Respondent, v. ANDRE HUGHES, Appellant.

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

Decided December 7, 2010.

The trial court denied defendant's request for an equitable share of plaintiff's pension because he failed to prove that she had vested rights in a pension plan as of the date this divorce action was commenced. However, "nonvested pensions are subject to equitable distribution" (Burns v Burns, 84 N.Y.2d 369, 376 [1994]). Since both parties have New York City pensions, we modify the judgment to add the following paragraph, which...

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