Legal Opinion
DeLuca v. DeLuca
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 2000PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Luciano, J.
Among the many issues raised by the plaintiff husband in this action for a divorce and ancillary relief is the question of whether payments from the New York City Police Department Police Superior Officers’ Variable Supplements Fund, which are made to eligible retired police officers, are marital assets subject to equitable distribution. The New York appellate courts have not yet addressed this question. We conclude that such benefits are not marital assets subject to equitable distribution.
FACTS
The parties were married on May 29, 1966, and in 1967 the plaintiff…
2Cases cited14 opinions
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- Majauskas v. MajauskasNew York Court of Appeals · 1984
- Burns v. BurnsNew York Court of Appeals · 1994
- Castellano v. City of New YorkCourt of Appeals for the Second Circuit · 1998
- Olivo v. OlivoNew York Court of Appeals · 1993
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3Cited by2 opinions
- DeLuca v. DeLucaNew York Court of Appeals · 2001
- DeLuca v. DeLucaAppellate Division of the Supreme Court of the State of New York · 2002