In McCoy v. Feinman (291 A.D.2d 799 [4th Dept. 2002]), the Appellate Division for the Fourth Department found an alleged malpractice action against a law firm based on its failure to file a QDRO accrued on the date the judgment of divorce was entered without a QDRO, which precluded plaintiff from receiving either preretirement or postretirement benefits. The Fourth Department cited the need for professionals to have some predictability concerning potential malpractice claims, commenting "there would be no predictability in a statute of limitations based on the date of death or the date of retirement; indeed, either event could have occurred 20 or more years after the filing of the judgment of divorce." (Id. at 801.) The Fourth Department found the statute of limitations therefore began to run on that date, rendering the malpractice action time-barred. (Id.)