Gerard A. Dolan v. Lois A. Dolan

[78 N.Y.2d 463 Page 464] Opinion OF THE COURT On this appeal, plaintiff husband challenges the Appellate Division's affirmance of Supreme Court's determination that a portion of his ordinary disability pension received from the New York City Employees Retirement System is marital property and thus subject to equitable distribution pursuant to part (B) of section 236 of the Domestic Relations Law. We conclude that inasmuch as a portion of that ordinary disability [78 N.Y.2d 463 Page 465]