Small v. Small

Judgment unanimously affirmed without costs. Memorandum: Upon our review of the record, we conclude that there is sufficient evidence to support a finding of cruel and inhuman treatment (see, Reck v Reck, 149 AD2d 934). We further conclude that Supreme Court properly refused to award defendant a share of plaintiff's enhanced earning capacity resulting from the nursing degree earned by plaintiff during the marriage (see, McAlpine v McAlpine, 176 AD2d 285). Plaintiff was in her final year of nursing school when the parties were married. Defendant testified that he was in the Navy when the…