IDAMAE L. CAMPBELL, plf-res, v. EDWARD A. CAMPBELL, def-ap

3774. IDAMAE L. CAMPBELL, plf-res, v. EDWARD A. CAMPBELL, def-ap — EDWARD A. CAMBELL, APPELLANT PRO SE. Gross & Gonzalez, LLC, Bronx (Carlos Gonzalez of counsel), for res — Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered November 30, 2015, after a nonjury trial, which, to the extent appealed from as limited by the briefs, awarded defendant husband 50 percent of plaintiff wife's pension accumulated between the date of the parties' marriage on August 24, 1973, and the date of their separation on or about January 1, 1978, and denied husband's claims of a burial plot and certain artwork as his separate property, unanimously modified, on the law and facts, to award husband 1 percent of wife's pension accumulated between the date of their marriage and the commencement of the divorce action on or about May 17, 2013, with the matter remitted to the IAS Court to issue a Qualified Domestic Relations Order consistent with this decision, and otherwise affirmed, without costs.

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3774. IDAMAE L. CAMPBELL, plf-res, v. EDWARD A. CAMPBELL, def-ap — EDWARD A. CAMBELL, APPELLANT PRO SE. Gross & Gonzalez, LLC, Bronx (Carlos Gonzalez of counsel), for res — Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered November 30, 2015, after a nonjury trial, which, to the extent appealed from as limited by the briefs, awarded defendant husband 50 percent of plaintiff wife’s pension accumulated between the date of the parties’ marriage on August 24, 1973, and the date of their separation on or about January 1, 1978, and denied husband’s claims of a burial plot and certain artwork as his separate property, unanimously modified, on the law and facts, to award husband 1 percent of wife’s pension accumulated between the date of their marriage and the commencement of the divorce action on or about May 17, 2013, with the matter remitted to the IAS Court to issue a Qualified Domestic Relations Order consistent with this decision, and otherwise affirmed, without costs.

This case presents a highly unusual and particular set of facts. The parties, who were married on August 24, 1973, lived together as husband and wife for only 52 months, before husband vacated the marital residence in 1978. The parties’ minor son remained with wife. For the next 37 years, the parties lived separate and apart, with neither seeking a formal separation. In 2011, wife retired from her job at Lincoln Hospital, where she began working in 1973, the same year as the marriage. She collects $4,241.95 per month in pension benefits, and, apart from her social security benefits, she has no other source of income. In 2013, wife commenced an action for divorce. Wife’s pension is the parties’ primary marital asset.

IDAMAE L. CAMPBELL, plf-res, v. EDWARD A. CAMPBELL, def-ap

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