Lentz v. Lentz

OPINION OF THE COURT

Catherine T. England, J.

The predominant issue in this divorce action governed by the New York Equitable Distribution Law is whether a nonvested Long Island Railroad retirement pension is marital property subject to equitable distribution. The court answers the question in the negative.

This action for divorce by the plaintiff wife upon the grounds of constructive abandonment and defendant’s cruel and inhuman treatment of plaintiff was commenced on September 19, 1980. The relief requested by plaintiff consisted of equitable distribution of the parties’ marital property,…