Opinion
March 24, 1986
Appeal from the Supreme Court, Nassau County (McGinity, J.).
Judgment reversed, insofar as appealed from, without costs or disbursements, the first, second and third decretal paragraphs, and so much of the fourth decretal paragraph as directed the defendant to pay her own counsel fees, are deleted, and matter remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith. Pending a new hearing and determination as to maintenance, the plaintiff shall continue to pay the defendant the sum of $2,500 per month as temporary maintenance.
Professional practices are marital property, and consequently the defendant wife here was entitled to a distributive share of the plaintiff's medical practice (Domestic Relations Law § 236 [B] [5] [e]; Litman v. Litman, 93 A.D.2d 695, affd 61 N.Y.2d 918; Arvantides v. Arvantides, 64 N.Y.2d 1033; cf. O'Brien v. O'Brien, 66 N.Y.2d 576). In view of the fact that the trial court failed to consider the plaintiff's medical practice as marital property, and failed to make a distributive award thereof, the matter must be remitted for a new hearing and determination as to the equitable distribution of property. Further, in light of our determination that the distributive award must be disturbed, we conclude that there should be a new hearing and determination on all of the issues raised on the appeal. Lawrence, J.P., Eiber, Kunzeman and Kooper, JJ., concur.