LEICHTNER v. LEICHTNER (2005)

Supreme Court, Appellate Division, Second Department, New York.

Jack LEICHTNER, respondent, v. Barbara LEICHTNER, appellant.

Decided: May 02, 2005

ANITA R. FLORIO, J.P., THOMAS A. ADAMS, DANIEL F. LUCIANO, and PETER B. SKELOS, JJ.

Davis & Altarac, Garden City, N.Y. (Jay Davis of counsel), for appellant. Jay Landa, Garden City, N.Y., for respondent.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Nassau County (McCabe, J.), entered October 13, 1993, which, inter alia, failed to equitably distribute a portion of the plaintiff's pension to her as marital property.

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 A.D.2d 561, 562, 632 N.Y.S.2d 610; see also Cleary v. Cleary, 171 A.D.2d 1076, 569 N.Y.S.2d 250; Del Gado v. Del Gado, 129 A.D.2d 426, 513 N.Y.S.2d 689; Michalek v. Michalek, 114 A.D.2d 655, 494 N.Y.S.2d 487).

The parties' remaining contentions either are without merit or need not be reached in light of our determination.

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