Donnellan v. Donnellan
Court: Appellate Division of the Supreme Court of the State of New York; August 19, 1996; New York; State Appellate Court
In a matrimonial case resulting from a divorce judgment dated May 26, 1988, the defendant, Daniel A. Donnellan, appeals an order from the Supreme Court of Westchester County dated March 31, 1995. The court granted the plaintiff's motion to reargue a prior motion regarding the entry of a Qualified Domestic Relations Order (QDRO), which had been established on December 22, 1992. The court vacated the original QDRO and instructed the defendant's counsel to prepare an amended QDRO, stipulating that upon the commencement of the defendant's pension benefits, he must pay the plaintiff, Donna Donnellan Polito, thirty percent of his pension benefit each month or year, depending on the payment method from the retirement plan. The appellate court affirmed the order, ruling that the Supreme Court did not abuse its discretion in directing the amendment of the QDRO. The defendant's other arguments were deemed without merit. The order is affirmed with costs.