Ordered that the order is modified, on the law, by deleting the provision thereof denying, without prejudice, as premature, that branch of the plaintiff's cross motion which was, in effect, for a share of the defendant's non-tier 1 railroad retirement benefits; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Rockland County, for further findings of fact, a determination of the plaintiff's share of the...
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