Konigsberg v. Konigsberg , 770 N.Y.S.2d 322 ( 2004 )

Mazzarelli, J.,

dissents in part in a memorandum as follows: I disagree with the majority’s determination to divide the marital portion of plaintiffs New York State pension, and would affirm the Special Referee’s determination to distribute 100% of this asset to her. The court explicitly stated that its determination to allow plaintiff to retain the marital portion of her pension, the yearly income from which it valued at approximately $33,000, was considered in connection with the 67% decrease in her monthly maintenance income, which will occur in 2007. In these circumstances, I would find that allowing plaintiff to retain her pension is integral to the equitable distribution of the marital assets.

However, I agree with my colleagues that defendant should have a reduced obligation to maintain life insurance in 2007, commensurate with his reduced maintenance obligation from $12,000 to $4,000.