In re Carter
Opinion of the Court
—In a proceeding, inter alia, to dissolve a corporation, the appeal is from a judgment of the Supreme Court, Richmond County (Dollard, R.), dated April 6, 2001, which, upon finding grounds for dissolution, is in favor of the petitioner and against the appellant in the amount of $114,383.09.
Ordered that the matter is remitted to the Supreme Court, Richmond County, for the referee to set forth the findings of fact and conclusions of law that formed the basis of his award, and the appeal is held in abeyance in the interim. The Supreme Court, Richmond County, is to file its report containing the findings of fact and conclusions of law with all convenient speed.
After summarizing the evidence in this case, the referee found that the petitioner’s share of the corporation should be valued at $114,383.09, based upon “all” the evidence in the case. It is not clear from his decision how the referee determined, from the evidence in the record, the petitioner’s entitlement to that sum. Accordingly, we remit the matter for the referee to provide the findings of fact and conclusions of law that formed the basis of his decision (see Tri-State Sol-Aire Corp. v United States Fid. & Guar. Co., supra; see also Muir v Cuneo, supra). Prudenti, P.J., Ritter, McGinity and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.