Appellate Division of the Supreme Court of New York, 1994

Sents v. Boysen

Appellate Division of the Supreme Court of New York · Decided December 23, 1994

210 A.D.2d 896; 621 N.Y.S.2d 965; 1994 N.Y. App. Div. LEXIS 13354

Cases that cite this one

2 later published cases cite this decision.

Russell v. Banfield (Appellate Division of the Supreme Court of New York 2004)
Kirby's Grill, Inc. v. Westvale Plaza (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Case held, decision reserved and matter remitted to Oneida County Family Court for further proceedings in accordance with the following Memorandum: In this child custody case, Family Court failed to set forth "those facts upon which the rights and liabilities of the parties depend” (Matter of Jose L. I., 46 NY2d 1024, 1025-1026; see, Clarke v Clarke, 101 AD2d 911, 912). The absence of the required findings precludes proper appellate review. Because important questions of credibility were raised at the *897hearing, we decline to exercise our power to review the record and make our own findings (see, Matter of Jose L. L, supra, at 1026; Giordano v Giordano, 93 AD2d 310). We, therefore, remit the matter to Family Court to set forth its factual findings. (Appeal from Order of Oneida County Family Court, Flemma, J.—Custody.) Present—Green, J. P., Wesley, Callahan, Doerr and Boehm, JJ.

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