In re O'Connell v. O'Connell

Appellate Division of the Supreme Court of New York

In re O'Connell v. O'Connell

126 A.D.2d 844, 510 N.Y.S.2d 491, 1987 N.Y. App. Div. LEXIS 41976

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

DecidedJanuary 15, 1987

StatusPublished

This text of 126 A.D.2d 844 (In re O'Connell v. O'Connell) 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

In re O'Connell v. O'Connell, 126 A.D.2d 844, 510 N.Y.S.2d 491, 1987 N.Y. App. Div. LEXIS 41976 (N.Y. Ct. App. 1987).

Pincite

Opinion

Kane, J. P.

Appeal from an order of the Family Court of Rensselaer County (Perkinson, J.), entered September 13, 1985, which, inter alia, denied respondent’s cross motion for a downward modification of a prior support order.

Family Court wholly failed to set forth facts upon which its order was based. Accordingly, the matter should be remitted to Family Court for the purpose of rendering a decision stating the facts deemed essential (see, CPLR 4213 [b]; Matter of Van Dyck v Van Dyck, 96 AD2d 629, 630).

Decision withheld, and matter remitted to the Family Court of Rensselaer County for formulation of findings of fact essential to its decision. Kane, J. P., Main, Weiss, Levine and Harvey, JJ., concur.

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Kane, J. P.

Appeal from an order of the Family Court of Rensselaer County (Perkinson, J.), entered September 13, 1985, which, inter alia, denied respondent’s cross motion for a downward modification of a prior support order.

Family Court wholly failed to set forth facts upon which its order was based. Accordingly, the matter should be remitted to Family Court for the purpose of rendering a decision stating the facts deemed essential (see, CPLR 4213 [b]; Matter of Van Dyck v Van Dyck, 96 AD2d 629, 630).

Decision withheld, and matter remitted to the Family Court of Rensselaer County for formulation of findings of fact essential to its decision. Kane, J. P., Main, Weiss, Levine and Harvey, JJ., concur.

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Bluebook (online)

126 A.D.2d 844, 510 N.Y.S.2d 491, 1987 N.Y. App. Div. LEXIS 41976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-oconnell-v-oconnell-nyappdiv-1987.

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