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Morimando v. Morimando

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1988
145 A.D.2d 609 (N.Y. App. Div. 1988)

Summary

In Morimando, the defendant wife was the sole wage earner while the plaintiff was enrolled full time in the physician's assistant program at the State University of New York at Stony Brook. Moreover, the record therein was replete with illustrations of economic and social sacrifices endured by the defendant on account of the plaintiff's schooling.

Summary of this case from McGowan v. McGowan

Opinion

December 30, 1988

Appeal from the Supreme Court, Nassau County (Burke, J.).


Ordered that the judgment is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the valuation of the plaintiff's enhanced earning capacity as a result of his status as a physician's assistant and the defendant's equitable share thereof.

The enhanced earning capacity enjoyed by the plaintiff husband as a result of his successful completion of a full-time, two-year course of study culminating in registration as a physician's assistant with the Division of Professional Licensing Service of the New York State Department of Education and certification as a physician's assistant by the National Commission on Certification of Physician's Assistants is marital property (see, McGowan v McGowan, 142 A.D.2d 355; see also, O'Brien v O'Brien, 66 N.Y.2d 576). Accordingly, it is subject to the defendant wife's claim for equitable distribution. Thompson, J.P., Spatt, Sullivan and Harwood, JJ., concur.


Summaries of

Morimando v. Morimando

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1988
145 A.D.2d 609 (N.Y. App. Div. 1988)

In Morimando, the defendant wife was the sole wage earner while the plaintiff was enrolled full time in the physician's assistant program at the State University of New York at Stony Brook. Moreover, the record therein was replete with illustrations of economic and social sacrifices endured by the defendant on account of the plaintiff's schooling.

Summary of this case from McGowan v. McGowan
Case details for

Morimando v. Morimando

Case Details

Full title:JAMES J. MORIMANDO, Respondent, v. JOAN MORIMANDO, Appellant

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

Date published: Dec 30, 1988

Citations

145 A.D.2d 609 (N.Y. App. Div. 1988)

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