Opinion
00-07664
Submitted April 29, 2002
May 28, 2002.
In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Rockland County (Weiner, J.), entered July 6, 2000, as directed the allocation of his interest in his pension assets to be made by a qualified domestic relations order.
Blank Rome Tenzer Greenblatt LLP, New York, N.Y. (Leonard G. Florescue of counsel), for appellant.
SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
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.