Smith v. Smith

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in refusing to award plaintiff a distributive share of defendant’s enhanced earning capacity, resulting from the bachelor’s degree in the Technology Computer Science Program at Rochester Institute of Technology defendant earned during the marriage (see, DiCaprio v DiCaprio, 162 AD2d 944, lv denied 77 NY2d 802; Finocchio v Finocchio, 162 AD2d 1044). Plaintiff’s expert testified that, based upon a salary of $75,000, the value of defendant’s enhanced…