RECZEK v. RECZEK


239 A.D.2d 867 (1997)

659 N.Y.S.2d 641

Peter R. Reczek, Appellant-Respondent, v. Joyce S. Reczek, Respondent-Appellant

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

May 30, 1997


Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff contends that Supreme Court erred in awarding defendant the value of plaintiff's enhanced earnings attributable to the doctoral degree he obtained during the marriage. We agree. Where there is an award of maintenance, "`the court [is] obliged to reduce the value of the enhanced earnings by the amount awarded in maintenance. Not to do so would...

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