Berkman v. Berkman

OPINION OF THE COURT

William R. Geiler, J.

This is a pendente lite motion wherein defendant moves for an order, inter alla, directing plaintiff to pay defendant a sum of money to retain expert services in order to evaluate plain*132tiffs alleged enhanced earning capacity. To assist the court in making its determination, two issues must be resolved:(1) Are academic "credits”, earned during the marriage, marital property subject to equitable distribution?(2) Does the doctrine of "merger” (Marcus v Marcus, 135 AD2d 216, decision amended 137 AD2d 131 [2d Dept 1988]; Finocchio v Finocchio, 162 AD2d 1044…