Legal Opinion

De Gaust v. De Gaust

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

Decided March 20, 1997PublishedCited by 34 opinions

1Opinion of the CourtPeters, J.

Appeal from an order of the Supreme Court (Torraca, J.), entered February 2, 1996 in Ulster County, which granted defendant’s motion to modify a domestic relations order to include a provision for postretirement survivorship benefits.

Prior to their divorce in 1992, the parties entered into a stipulation in open court which resolved the distribution of marital property. Under the terms of this agreement, they agreed that plaintiffs pension would be divided between them pursuant to the Majauskas formula (see, Majauskas v Majauskas, 61 NY2d 481). The stipulation was incorporated, but not merged,…

2Cases cited4 opinions

  1. Majauskas v. MajauskasNew York Court of Appeals · 1984
  2. Sklerov v. SklerovAppellate Division of the Supreme Court of the State of New York · 1996
  3. Sally v. SallyAppellate Division of the Supreme Court of the State of New York · 1996
  4. Westfall v. WestfallAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by34 opinions

  1. McCoy v. FeinmanNew York Court of Appeals · 2002
  2. Walker v. WalkerAppellate Division of the Supreme Court of the State of New York · 1998
  3. Von Buren v. Von BurenAppellate Division of the Supreme Court of the State of New York · 1998
  4. McWade v. McWadeAppellate Division of the Supreme Court of the State of New York · 1998
  5. Dagliolo v. DaglioloAppellate Division of the Supreme Court of the State of New York · 2012

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