MARTIN v. MARTIN


200 A.D.2d 304 (1994)

Dee Ann H. Martin, Respondent, v. David O. Martin, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 14, 1994


Attorney(s) appearing for the Case

Hiscock & Barclay, Watertown (Keith B. Caughlin and James H. McGowan, III, of counsel), for appellant.

Alderman & Alderman, Syracuse (Edward B. Alderman of counsel), for respondent.

MIKOLL, J. P., and YESAWICH JR., J., concur with PETERS, J.; MERCURE, J., concurs in part and dissents in part in a separate opinion.


PETERS, J.

The parties were married in 1966 and had three children. At trial only the youngest remained unemancipated. During the marriage, defendant graduated from law school in 1973 and became a licensed attorney in 1974. He practiced law until 1980 when he was elected to the United States Congress. He served as a Representative through 1992.

Plaintiff was employed while defendant was in law school...

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