Mylette v. Mylette

OPINION OF THE COURT

Joseph Colby, J.

Pursuant to Domestic Relations Law § 236 (B) (4) (b), plaintiff moves for an order holding that defendant’s disability pension with the New York City Police Pension Fund is a marital asset. Domestic Relations Law § 236 (B) (4) (b) provides that as soon as practicable after a matrimonial action has *608been commenced, the court shall set the date or dates the parties shall use for the valuation of each asset. Said section has been construed as an avenue for determining, pretrial, whether a particular asset should be considered a marital asset or not (McGowan v…