Fennie v. Fennie

Appellate Division of the Supreme Court of New York

Fennie v. Fennie

32 A.D.2d 874, 302 N.Y.S.2d 179, 1969 N.Y. App. Div. LEXIS 3680

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1969

StatusPublished

Cited by1 cases

This text of 32 A.D.2d 874 (Fennie v. Fennie) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fennie v. Fennie, 32 A.D.2d 874, 302 N.Y.S.2d 179, 1969 N.Y. App. Div. LEXIS 3680 (N.Y. Ct. App. 1969).

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Opinion

Orders unanimously reversed, without costs, and a new hearing granted in accordance with the following Memorandum: Petitioner’s application should be remitted to Family Court for a new hearing at which proof may be adduced by competent evidence establishing the needs of the wife and children and the means of the husband including his income, expenses and new obligations consequent upon a subsequent remarriage. The probation report upon which the court at least in part based its decision was not received in evidence, could not be considered competent proof by the court, and is of course no part of the record on appeal. (See Gutillo v. Gutillo, 30 A D 2d 484, 486.) Any new determination made should state the essential facts upon which it is based in accordance with section 165 of the Family Court Act and CPLR 4213 (subd. [b]). (Appeal from Orders of Erie County Family Court, in action to enforce support order.) Present— Goldman, P. J., Marsh, Witmer, Moule and Bastow, JJ.

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Orders unanimously reversed, without costs, and a new hearing granted in accordance with the following Memorandum: Petitioner’s application should be remitted to Family Court for a new hearing at which proof may be adduced by competent evidence establishing the needs of the wife and children and the means of the husband including his income, expenses and new obligations consequent upon a subsequent remarriage. The probation report upon which the court at least in part based its decision was not received in evidence, could not be considered competent proof by the court, and is of course no part of the record on appeal. (See Gutillo v. Gutillo, 30 A D 2d 484, 486.) Any new determination made should state the essential facts upon which it is based in accordance with section 165 of the Family Court Act and CPLR 4213 (subd. [b]). (Appeal from Orders of Erie County Family Court, in action to enforce support order.) Present— Goldman, P. J., Marsh, Witmer, Moule and Bastow, JJ.

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Bluebook (online)

32 A.D.2d 874, 302 N.Y.S.2d 179, 1969 N.Y. App. Div. LEXIS 3680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fennie-v-fennie-nyappdiv-1969.

Opinion

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