Castrigno v. Castrigno

Appellate Division of the Supreme Court of New York

Castrigno v. Castrigno

219 A.D.2d 694, 631 N.Y.S.2d 759, 1995 N.Y. App. Div. LEXIS 9576

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 25, 1995

StatusPublished

This text of 219 A.D.2d 694 (Castrigno v. Castrigno) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Castrigno v. Castrigno, 219 A.D.2d 694, 631 N.Y.S.2d 759, 1995 N.Y. App. Div. LEXIS 9576 (N.Y. Ct. App. 1995).

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Opinion

In a matrimonial action in which the parties were divorced by judgment dated April 26, 1989, the former wife appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.) dated April 5, 1994, which denied her motion to amend the parties’ qualified domestic relations order.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the former wife’s mo[695]*695tion to modify the qualified domestic relations order (see, 26 USC 414 [p]; 29 USC 1056 [d]) that was included in the parties’ agreement dated March 23, 1989. The proposed modification would have substantively changed a provision of the order by eliminating the conditions under which an increase in the former husband’s pension benefits would entitle the former wife to a recalculation of her share of those benefits (see, Christian v Christian, 42 NY2d 63, 71-72). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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In a matrimonial action in which the parties were divorced by judgment dated April 26, 1989, the former wife appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.) dated April 5, 1994, which denied her motion to amend the parties’ qualified domestic relations order.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the former wife’s mo[695]*695tion to modify the qualified domestic relations order (see, 26 USC 414 [p]; 29 USC 1056 [d]) that was included in the parties’ agreement dated March 23, 1989. The proposed modification would have substantively changed a provision of the order by eliminating the conditions under which an increase in the former husband’s pension benefits would entitle the former wife to a recalculation of her share of those benefits (see, Christian v Christian, 42 NY2d 63, 71-72). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

219 A.D.2d 694, 631 N.Y.S.2d 759, 1995 N.Y. App. Div. LEXIS 9576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castrigno-v-castrigno-nyappdiv-1995.

Opinion

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