Bugliari v. Bugliari
| Decision Date | 14 January 1991 |
| Citation | 169 A.D.2d 697,564 N.Y.S.2d 186 |
| Parties | Camille BUGLIARI, Respondent, v. Richard A. BUGLIARI, Appellant. |
| Court | New York Supreme Court — Appellate Division |
O. Stephen Paganuzzi, Jr., New York City (Ellen C. Kozminsky, of counsel), for appellant.
Fitzmaurice & Timone, P.C., Tuckahoe (Denis J. Timone, of counsel), for respondent.
Before THOMPSON, J.P., and BROWN, KUNZEMAN and MILLER, JJ.
MEMORANDUM BY THE COURT.
In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Westchester County (Donovan, J.), entered February 21, 1989, which, inter alia, provided for the distribution of marital property.
ORDERED that the order is modified, on the law and the facts, by adding thereto a provision awarding the husband a portion of the plaintiff wife's pension; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a determination with respect to (a) the value of the wife's New York State Teachers' Retirement Association pension, (b) the percentage to be awarded to each party, and (c) the method of distribution of that pension.
The parties were married on June 14, 1969. At that time, the husband was a high school graduate and the wife was a college graduate. During their marriage, the husband went back to school and obtained his associate's and bachelor's degrees and eventually graduated from medical school. He is currently practicing medicine in Connecticut. Also, during the course of the marriage, the wife obtained her master's degree and received permanent teaching certification.
During the marriage, the parties' earnings were pooled together and money from this common fund was used to pay tuition and living expenses. During the 11 years that the husband was in school, the wife's earnings comprised 68.4% of the total family income.
The Supreme Court was presented with conflicting evidence with respect to the value of the husband's medical license. We find no error in the determination that the valuation provided by the wife's expert was the more credible (see, O'Brien v. O'Brien, 66 N.Y.2d 576, 498 N.Y.S.2d 743, 489 N.E.2d 712; Rosenberg v. Rosenberg, 155 A.D.2d 428, 547 N.Y.S.2d 90; Maloney v. Maloney, 137 A.D.2d 666, 524 N.Y.S.2d 758).
Nor did the Supreme Court improvidently exercise its discretion in distributing...
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