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JAMES J. MORIMANDO, Respondent, v. JOAN MORIMANDO, Appellant.

Ordered that the judgment is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the valuation of the plaintiff's enhanced earning capacity as a result of his status as a physician's assistant and the defendant's equitable share thereof.

The enhanced earning capacity enjoyed by the plaintiff husband as a result of his successful completion of a full-time, two-year course of study culminating in registration as a physician's assistant with the Division of Professional Licensing Service of the New York State Department of Education and certification as a physician's assistant by the National Commission on Certification of Physician's Assistants is marital property (see, McGowan v McGowan, 142 A.D.2d 355; see also, O'Brien v O'Brien, 66 N.Y.2d 576). Accordingly, it is subject to the defendant wife's claim for equitable distribution. Thompson, J.P., Spatt, Sullivan and Harwood, JJ., concur.

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MORIMANDO v. MORIMANDO
(Dec 30, 1988)