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CourtListener opinion 4084534

Date unknown · US

Extracted case name
pending
Extracted reporter citation
pending
Docket / number
pending
QDRO relevance 5/5Retirement relevance 2/5Family-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 4084534 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 2/5, 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

QDRO

so appealed from is unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that, regardless of the potential merit to plaintiff's contention in opposition to defendant's motion to amend the Qualified Domestic Relations Order dated July 11, 2003 (see e.g. Lemesis v Lemesis, 38 AD3d 1331, 1332; Hoke v Hoke, 27 AD3d 1055, 1056; see generally Kazel v Kazel, 3 NY3d 331, 332-335), the court properly refused to consider the relief requested by plaintiff inasmuch as he did not file or serve a notice of cross motion (see CPLR 2215; see e.g. Free in Christ Pentecostal Church v Julian, 64

domestic relations order

d from is unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that, regardless of the potential merit to plaintiff's contention in opposition to defendant's motion to amend the Qualified Domestic Relations Order dated July 11, 2003 (see e.g. Lemesis v Lemesis, 38 AD3d 1331, 1332; Hoke v Hoke, 27 AD3d 1055, 1056; see generally Kazel v Kazel, 3 NY3d 331, 332-335), the court properly refused to consider the relief requested by plaintiff inasmuch as he did not file or serve a notice of cross motion (see CPLR 2215; see e.g. Free in Christ Pentecostal Church v Julian, 64

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
pending
Generated at
May 14, 2026

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Clean opinion text

SUPREME COURT OF THE STATE OF NEW YORK
 Appellate Division, Fourth Judicial Department

745
CA 12-01573
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.

JOSEPH A. VARLARO, PLAINTIFF-APPELLANT,

 V MEMORANDUM AND ORDER

DEBORA VARLARO, DEFENDANT-RESPONDENT.

LORRAINE H. LEWANDROWSKI, HERKIMER, FOR PLAINTIFF-APPELLANT.

MCLANE, SMITH AND LASCURETTES, L.L.P., UTICA (TOD M. LASCURETTES OF
COUNSEL), FOR DEFENDANT-RESPONDENT.

 Appeal from an order of the Supreme Court, Herkimer County
(Patrick L. Kirk, A.J.), entered December 15, 2011. The order granted
the motion of defendant to amend the Qualified Domestic Relations
Order dated July 11, 2003.

 It is hereby ORDERED that the order so appealed from is
unanimously affirmed without costs.

 Memorandum: We affirm for reasons stated in the decision at
Supreme Court. We add only that, regardless of the potential merit to
plaintiff's contention in opposition to defendant's motion to amend
the Qualified Domestic Relations Order dated July 11, 2003 (see e.g.
Lemesis v Lemesis, 38 AD3d 1331, 1332; Hoke v Hoke, 27 AD3d 1055,
1056; see generally Kazel v Kazel, 3 NY3d 331, 332-335), the court
properly refused to consider the relief requested by plaintiff
inasmuch as he did not file or serve a notice of cross motion (see
CPLR 2215; see e.g. Free in Christ Pentecostal Church v Julian, 64
AD3d 1153, 1153-1154; New York State Div. of Human Rights v Oceanside
Cove II Apt. Corp., 39 AD3d 608, 609; Khaolaead v Leisure Video, 18
AD3d 820, 821; Torre v Torre [appeal No. 1], 142 AD2d 942, 942).

Entered: June 14, 2013 Frances E. Cafarell
 Clerk of the Court