Jones v. Jones

—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant contends that Supreme Court erred in failing to distribute plaintiffs non-vested New York State pension. We agree. It is well-settled that a non-vested pension is marital property subject to equitable distribution (Burns v Burns, 84 NY2d 369; Cavaretta v Cavaretta, 127 AD2d 1002). Thus, we modify the order by directing the entry of a Qualified Domestic Relations Order entitling defendant to one half…