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O'Brien v. O'Brien

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1986
124 A.D.2d 575 (N.Y. App. Div. 1986)

Opinion

November 3, 1986

Appeal from the Supreme Court, Westchester County (Daronco, J.).


Ordered that the judgment is modified, by deleting therefrom the seventh decretal paragraph. As so modified, the judgment is affirmed, with costs to the respondent.

A review of the record before the trial court, as well as its findings with respect to the appropriate statutory guidelines, indicates that the formula arrived at by the trial court whereby it distributed 60% of the value of the marital property, consisting solely of the medical school degree and license acquired by the plaintiff, to the plaintiff and 40% to the defendant did not constitute an abuse of discretion (see, Hornbeck v Hornbeck, 104 A.D.2d 791). Furthermore, due to the nonliquid character of the marital property, the court did not abuse its discretion in fashioning a distributive award (see, Domestic Relations Law § 236 [B] [5] [e]; Majauskas v Majauskas, 61 N.Y.2d 481; Nolan v Nolan, 107 A.D.2d 190).

A determination as to the amount of experts' fees awarded has been rendered unnecessary by the stipulation of the parties entered into on June 30, 1986, and the judgment has been modified accordingly. Thompson, J.P., Niehoff, Weinstein and Lawrence, JJ., concur.


Summaries of

O'Brien v. O'Brien

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1986
124 A.D.2d 575 (N.Y. App. Div. 1986)
Case details for

O'Brien v. O'Brien

Case Details

Full title:MICHAEL O'BRIEN, Appellant, v. LORETTA O'BRIEN, Respondent

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

Date published: Nov 3, 1986

Citations

124 A.D.2d 575 (N.Y. App. Div. 1986)

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