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LEICHTNER v. LEICHTNER
Appellate Division of the Supreme Court of New York, Second Department.
May 2, 2005
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Ordered that the judgment is affirmed insofar as appealed from, with costs.
Although a pension is normally subject to equitable distribution, the defendant failed to request that the Supreme Court award her a portion of the plaintiff's pension, and no evidence was offered with regard to the plaintiff's pension. Under these circumstances, the Supreme Court properly declined to distribute a portion of the plaintiff's pension to the defendant ( see LeVigne v. LeVigne, 220 AD2d 561, 562; see also Cleary v. Cleary, 171 AD2d 1076; Del Gado v. Del Gado, 129 AD2d 426; Michalek v. Michalek, 114 AD2d 655).
The parties' remaining contentions either are without merit or need not be reached in light of our determination.
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