Fanelli v. Fanelli

OPINION OF THE COURT

Robert A. Spolzino, J.

The question presented here is whether in rejecting the “merger” theory of valuing professional licenses in McSparron v McSparron (87 NY2d 275 [1995]), the Court of Appeals also intended to depart from the precept that the value of a long-held license is determined on the basis of the holder’s actual earnings, rather than its theoretical value. The issue arises in the context of the plaintiffs motion for an order establishing, for equitable distribution purposes, the value of the defendant’s; enhanced earning capacity as a professional engineer to be…