LAMBA v. LAMBA

ORDERED that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly determined that the appropriate date for the valuation of the former husband's pension was July 6, 1994, the commencement date of the instant action, rather than the date of the commencement of an earlier discontinued divorce action ( see Fuegel v. Fuegel, 271 A.D.2d 404, 405; Nee v. Nee, 240 A.D.2d 478, 479; Marconi v. Marconi, 240 A.D.2d 641).

FLORIO, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.