¶1Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered May 26, 2009. The order denied the application of plaintiff for a determination that the early supplemental retirement benefits of defendant are marital property.
¶2It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.