Winter v. Boskin

— Order 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: A separation agreement, incorporated but not merged into a 1985 divorce decree, gave plaintiff the right to elect payment of a portion of defendant’s two pension funds when defendant qualified to commence receiving payments from the funds. In 1988, defendant made two withdrawals of $50,000 each from one of the funds and transferred the money to another fund in a tax free roll-over transaction. Plaintiff…