Lamarca v. Kissell

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the amended complaint in this action seeking reformation of an opting-out agreement stipulated to by the parties on July 29, 1992 and incorporated into a judgment of divorce. Plaintiff asserts that both parties agreed that defendant would receive a share of plaintiff’s monthly retirement pension, then in “pay status”, as calculated pursuant to the formula set forth in Majauskas v Majauskas (61 NY2d…