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HOLTERMAN v. HOLTERMAN

3 N.Y.3d 1 (2004)

814 N.E.2d 765

781 N.Y.S.2d 458

AMY N. HOLTERMAN, Respondent, v. ROBERT K. HOLTERMAN, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Friedman and Molinsek, P.C., Delmar (Michael P. Friedman of counsel), for appellant.

Flaherty & O'Brien, Albany (Shawn D. Flaherty of counsel), for respondent.

Bruce J. Wagner, Albany, Kenneth David Burrows, Arnold Davis, Christopher S. Mattingly and Stanley Plesent for American Academy of Matrimonial Lawyers, New York Chapter, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK and ROSENBLATT concur with Judge GRAFFEO; Judge R.S. SMITH dissents in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

GRAFFEO, J.

We are being asked in this matrimonial case to determine whether Supreme Court erred by declining to adjust defendant's child support obligation to account for the distributive award payments he was obligated to pay plaintiff for her share of the future enhanced earnings attributable to his medical license. We conclude that Supreme Court did not err as a matter of law and in particular, under the circumstances of this case...

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