From Casetext: Smarter Legal Research

Duffey v. Duffey

Appellate Division of the Supreme Court of New York, Third Department
Nov 4, 1993
198 A.D.2d 581 (N.Y. App. Div. 1993)

Opinion

November 4, 1993

Appeal from the Supreme Court, Albany County (Hughes, J.).


The parties were married on May 30, 1980 while defendant was a college student. In May 1982, he received a Bachelor's degree in health service management. This action was commenced on October 17, 1990 at which time defendant was employed as an administrator by Albany Medical Center Hospital at an annual salary of $45,000. Plaintiff moved for an order awarding her fees for an expert appraiser to assess the enhanced earning capacity represented by defendant's college degree. Supreme Court denied the motion, determining that the degree had merged into defendant's career and that because he was a salaried employee there was nothing of value to appraise. Plaintiff has appealed.

We note initially that defendant possesses only an educational degree and not a professional license. In McSparron v McSparron ( 190 A.D.2d 74), this Court held that a professional license (i.e., license to practice law) merged and became subsumed into a salaried career and should not be considered to be either marital property or an asset which possesses an independent identity for purposes of computing appreciation. We find this principle fully applicable to the instant matter and, accordingly, affirm (see, Berkman v Berkman, 149 Misc.2d 131, 134; Parlow v Parlow, 145 Misc.2d 850, 858-859).

Mercure, Cardona, Mahoney and Casey, JJ., concur. Ordered that the order is affirmed, with costs.


Summaries of

Duffey v. Duffey

Appellate Division of the Supreme Court of New York, Third Department
Nov 4, 1993
198 A.D.2d 581 (N.Y. App. Div. 1993)
Case details for

Duffey v. Duffey

Case Details

Full title:DAWN DUFFEY, Appellant, v. TIMOTHY W. DUFFEY, Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 4, 1993

Citations

198 A.D.2d 581 (N.Y. App. Div. 1993)
603 N.Y.S.2d 234

Citing Cases

Rochelle G. v. Harold M.G

The Issues Raised by McSparron v McSparron In McSparron v McSparron (supra), the Court of Appeals rejected…

McSparron v. McSparron

In the years since the merger theory was first articulated, the lower courts of this State have applied it…