Gurbacki v. Gurbacki

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this divorce action in December 1994. Supreme Court did not err in determining that the 1994 contribution of defendant to his Keogh plan was subject to equitable distribution. Although the contribution was not made until April 1995, after the commencement of the divorce action, the court properly determined that it came from 1994 earnings.

The parties entered into a written property settlement agreement and a custody agreement that were incorporated but…