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CourtListener opinion 2789367

Citation: domestic relations order · Date unknown · US

Extracted case name
pending
Extracted reporter citation
domestic relations order
Docket / number
pending
QDRO relevance 5/5Retirement relevance 5/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 2789367 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to QDRO procedure / domestic relations order issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

Retrieval annotation

Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.

Category: QDRO procedure / domestic relations order issues

Evidence quotes

retirement benefits

April 2011 and filed an application for service retirement benefits effective June 30, 2011. He learned at the meeting, however, that a domestic relations order filed with respondent -2- 519268 would result in his ex-wife receiving a portion of his monthly retirement benefit. Petitioner believed that the terms of the order were inaccurate and, as such, told the representative that he did not wish to retire until that problem could be resolved. It became apparent that his retirement application was still being processed and, on June 29, 2011, petitioner telephoned respondent and again stated that he did not wish to retire. Petit

domestic relations order

e Buffalo Police Department in 1988. With an eye towards retirement, he met with a retirement information representative in April 2011 and filed an application for service retirement benefits effective June 30, 2011. He learned at the meeting, however, that a domestic relations order filed with respondent -2- 519268 would result in his ex-wife receiving a portion of his monthly retirement benefit. Petitioner believed that the terms of the order were inaccurate and, as such, told the representative that he did not wish to retire until that problem could be resolved. It became apparent that his retirement application was still being pro

Source and provenance

Source type
courtlistener_qdro_opinion_full_text
Permissions posture
public
Generated status
machine draft public v0
Review status
gold label pending
Jurisdiction metadata
US
Deterministic extraction
reporter: domestic relations order
Generated at
May 14, 2026

Related public corpus pages

Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.

Clean opinion text

State of New York
 Supreme Court, Appellate Division
 Third Judicial Department
Decided and Entered: March 26, 2015 519268
________________________________

In the Matter of JOHN SANDERS,
 Petitioner,
 v
 MEMORANDUM AND JUDGMENT
NEW YORK STATE AND LOCAL
 EMPLOYEES' RETIREMENT
 SYSTEM,
 Respondent.
________________________________

Calendar Date: February 9, 2015

Before: Lahtinen, J.P., McCarthy, Egan Jr. and Clark, JJ.

 __________

 Creighton Johnsen & Giroux, Buffalo (Jonathan Johnsen of
counsel), for petitioner.

 Eric T. Schneiderman, Attorney General, Albany (William E.
Storrs of counsel), for respondent.

 __________

Clark, J.

 Proceeding pursuant to CPLR article 78 (transferred to this
Court by order of the Supreme Court, entered in Albany County) to
review a determination of the Comptroller which denied
petitioner's request to withdraw his application for service
retirement.

 Petitioner began working as a police officer for the
Buffalo Police Department in 1988. With an eye towards
retirement, he met with a retirement information representative
in April 2011 and filed an application for service retirement
benefits effective June 30, 2011. He learned at the meeting,
however, that a domestic relations order filed with respondent
 -2- 519268

would result in his ex-wife receiving a portion of his monthly
retirement benefit. Petitioner believed that the terms of the
order were inaccurate and, as such, told the representative that
he did not wish to retire until that problem could be resolved.
It became apparent that his retirement application was still
being processed and, on June 29, 2011, petitioner telephoned
respondent and again stated that he did not wish to retire.
Petitioner continued to work until July 27, 2011, when he was
advised by his employer that he had retired. Petitioner's
subsequent written request to withdraw his retirement application
was denied as untimely. Following a hearing, a Hearing Officer
agreed that petitioner was not entitled to withdraw his
retirement application. The Comptroller adopted the findings and
conclusions of the Hearing Officer, and this CPLR article 78
proceeding ensued.

 We confirm. The Comptroller \is vested with the exclusive