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BABINSKI v. BABINSKI

2015-07692, Index No. 200748/08.

152 A.D.3d 477 (2017)

2017 NY Slip Op 05413

58 N.Y.S.3d 122

JON M. BABINSKI, Appellant, v. JEANNE M. BABINSKI, Respondent.

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

Decided July 5, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon their divorce, the parties stipulated that the defendant would share in the plaintiff's New York City Fire Department pension. A qualified domestic relations order (hereinafter QDRO) was signed to that effect. The plaintiff sustained a line-of-duty injury and retired on accidental disability in 2014. Soon thereafter, the plaintiff moved to amend the QDRO to prevent the defendant from receiving...

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