Posner & Gaier, Hempstead (
Stephen Posner of counsel), for plaintiff.
Capetola & Doddato, Williston Park (
Anthony Yovino of counsel), for defendant.
OPINION OF THE COURT
ANTHONY J. FALANGA, J. This is a motion by the wife for an order setting the valuation date of the husband's harbor pilot's license as the date of trial and for a further order awarding her expert fees for the purpose of valuing said harbor pilot's license as well as other licenses obtained by the husband during the marriage. The husband cross-moves for an order declaring his expectation of attaining a harbor pilot's license to be his separate property not subject to equitable distribution. He also seeks an order allowing him to utilize marital assets for his own support and to pay counsel fees and directing the wife to apply marital assets under her control to support herself and the parties' children during the pendency of the action. The parties were married on November 18, 1989. There are three children of the marriage, Nicholas, born June 25, 1992; Michael, born December 27, 1993; and Matthew, born August 31, 1997. The plaintiff is a registered nurse. She earned $34,000 in 1999 working two days a week. She resides with the children in the marital residence in Rockville Centre. The husband graduated from Maritime College and obtained his Third Mate's license prior to the marriage. He obtained a Second Mate's license in December 1989, a month after the marriage and began work as a Second Mate in January 1990. He obtained a Chief Mate's license in 1991 and a Master's or for a conference to discuss the possible retention of a neutral expert and to address the selection of an appropriate trial date on October 11, 2001 at 2:00 P.M. With regard to the husband's motion, that portion which seeks an order directing the wife, in alternate months, to begin utilizing marital assets under her control at the rate of $2,000 a month, to meet her interim needs and those of the children is granted effective November 2001. The portion of his motion which seeks an order permitting him to use marital assets to provide for his own interim support and to pay his counsel fees is denied. As set forth herein above, he has already utilized $189,000 in marital assets for his own interim needs. It appears that he has access to sufficient separate assets to enable him to purchase a $150,000 membership in the harbor pilot's association, and he has not demonstrated that he is unable to meet his present needs on his current earnings.