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DAVID HANSEN, Respondent, v. MARIE F, HANSEN, Appellant.

Ordered that the appeal from the order dated February 16, 1996, is dismissed, as that order was superseded by the order dated April 9, 1996; and it is further,

Ordered that the order dated April 9, 1996, is affirmed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The Supreme Court was correct in holding that the defendant is entitled to only one half of the deferred compensation portion of the Plaintiff's disability pension and no portion of the disability pension which constitutes compensation for personal injuries ( see, Domestic Relations Law § 236 [B] [1] [d] [2]; Mylett v Mylett, 163 AD2d 463). Furthermore, pursuant to the parties' stipulation agreement and judgment of divorce, the defendant's total share of the Plaintiff's pension from his employment with the New York City Police Department is $17,825.50.

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HANSEN v. HANSEN
(Mar 3, 1997)