Traynor v. Sears

161 A.D.2d 1123, 556 N.Y.S.2d 413, 1990 N.Y. App. Div. LEXIS 9093

Opinion

Order insofar as appealed from unanimously reversed on the law without costs and matter remitted to Wyoming County Family Court for further proceedings, in accordance with the following memorandum: In these two appeals Family Court erred in ordering respondent to pay arrears and in canceling all other income deduction orders without conducting a full hearing (see, Family Ct Act §§ 433, 454 [1]; Van Niel v Van Niel, 93 AD2d 986; Matter of Reynolds v Reynolds, 50 AD2d 993, 994) and without making specific findings of fact (see, Family Ct Act § 165 [a]; CPLR 4213 [b]; Matter of Hamilton v Irlbacher, 96 AD2d 726). (Appeal from order of Wyoming County Family Court, Newman, J.—child support.) Present—Dillon, P. J., Doerr, Green, Lawton and Lowery, JJ.