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STEPHEN J. COLE-HATCHARD, APPELLANT, v. KATHLEEN M. COLE-HATCHARD, RESPONDENT.

DECISION ORDER

ORDERED that the judgment is reversed insofar as appealed from, on the law, with costs, and the provision thereof directing the allocation of the plaintiff's interest in his pension assets is vacated.

The parties entered into a comprehensive settlement agreement which fully resolved the distribution of the marital property. It provided for the distribution of certain marital assets to the defendant and that the plaintiff would receive the balance of the marital property. Since the agreement made no provision for the distribution of the plaintiff's police pension assets to the defendant, the Supreme Court erred in directing the allocation of those assets (see Cohen-Davidson v. Davidson, 291 A.D.2d 474; Cappello v. Cappello, 286 A.D.2d 360; March v. March, 233 A.D.2d 371, 372; Ramsperger v. Ramsperger, 120 A.D.2d 940, 941).

FEUERSTEIN, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.

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COLE-HATCHARD v. COLE-HATCHARD
(May 28, 2002)