Hamilton v. Irlbacher

Appellate Division of the Supreme Court of New York

Hamilton v. Irlbacher

96 A.D.2d 726, 465 N.Y.S.2d 354, 1983 N.Y. App. Div. LEXIS 19303

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

DecidedJuly 11, 1983

StatusPublished

Cited by3 cases

This text of 96 A.D.2d 726 (Hamilton v. Irlbacher) 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.

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Hamilton v. Irlbacher, 96 A.D.2d 726, 465 N.Y.S.2d 354, 1983 N.Y. App. Div. LEXIS 19303 (N.Y. Ct. App. 1983).

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Opinion

— Order unanimously reversed, without costs, and matter remitted to Erie County Family Court, for further proceedings in accordance with the following memorandum: Petitioner appeals from an order which modified a provision for child support in a divorce decree directing respondent to increase by $5 per week the support for each of his three children of the marriage. An examination of the record indicates that neither the court nor the hearing examiner, upon whose report the order was based, made specific findings of fact. Since this has made intelligent judicial review impossible, we remit the ■ matter to Family Court for an evidentiary hearing in which findings of fact and conclusions of law must be made (Family Ct Act, § 439, subd [c]; § 435; CPLR 4213, subd [b]). (Appeal from order of Erie County Family Court, Notaro, J. — child support.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

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— Order unanimously reversed, without costs, and matter remitted to Erie County Family Court, for further proceedings in accordance with the following memorandum: Petitioner appeals from an order which modified a provision for child support in a divorce decree directing respondent to increase by $5 per week the support for each of his three children of the marriage. An examination of the record indicates that neither the court nor the hearing examiner, upon whose report the order was based, made specific findings of fact. Since this has made intelligent judicial review impossible, we remit the ■ matter to Family Court for an evidentiary hearing in which findings of fact and conclusions of law must be made (Family Ct Act, § 439, subd [c]; § 435; CPLR 4213, subd [b]). (Appeal from order of Erie County Family Court, Notaro, J. — child support.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

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Bluebook (online)

96 A.D.2d 726, 465 N.Y.S.2d 354, 1983 N.Y. App. Div. LEXIS 19303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-irlbacher-nyappdiv-1983.

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