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FREIHOFNER v. FREIHOFNER

39 A.D.3d 466 (2007)

831 N.Y.S.2d 733

LISA FREIHOFNER, Respondent, v. GREGORY FREIHOFNER, Appellant.

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

Decided April 3, 2007.

Ordered that the supplemental judgment is affirmed insofar as appealed from, with costs.

The Court Attorney Referee (hereinafter the Referee) providently exercised his discretion in valuing the defendant's enhanced earning capacity which, under the circumstances, constituted a marital asset that was subject to equitable distribution (see McSparron v McSparron, 87 N.Y.2d 275, 281-282 [1995]; O'Brien v O'Brien,

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