At page 1081 Remitting case for further proceedings due to lack of findings3 citing cases“the absence of the required findings precludes proper appellate review”
- Matter of Steeno v. Szydlowski, 181 A.D.3d 1224 (N.Y. App. Div. 4th Dep't 2020).publishedWe conclude that " [t]he absence of the required findings precludes proper appellate review' " ( Matter of Russell v Banfield , 12 AD3d 1081, 1081 [4th Dept 2004]) and, under the circumstances of this case, we decline to exercise our power…
- Matter of Susan T. v. Crystal T., 175 A.D.3d 1829 (N.Y. App. Div. 4th Dep't 2019).publishedWith respect to Family Court's award of custody of the other two children to the grandmother, we conclude that the court failed to set forth " those facts upon which the rights and liabilities of the parties depend' " ( Matter of Russell v…
- Matter of Valentin v. Mendez, 2018 NY Slip Op 6680 (N.Y. App. Div. 4th Dep't 2018).published With respect to the court's award of sole legal custody to the mother, we conclude that the court failed to set forth " those facts upon which the rights and liabilities of the parties depend' " ( Matter of Russell v Banfield , 12 AD3d 108…
v.
Scott L. Banfield
Appeal from an order of the Family Court, Steuben County (Peter C. Bradstreet, J.), entered October 30, 2003. The order awarded primary physical placement of the parties’ child to petitioner, with visitation to respondent.
It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Family Court, Steuben County, for further proceedings in accordance with the following Memorandum: Respondent appeals from an order modifying the parties’ existing custodial arrangement by awarding primary physical placement of the parties’ son to petitioner, with visitation to respondent. 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 [1979]; cf. Clarke v Clarke, 101 AD2d 911, 912 [1984]), and “[t]he absence of the required findings precludes proper appellate review” (Matter of Sents v Boysen, 210 AD2d 896, 896 [1994]). Because important credibility issues were raised at the hearing, we decline to exercise our power to review the record and make our own find[*1082]ings (see id. at 896-897; Giordano v Giordano, 93 AD2d 310, 312 [1983]; see generally Jose L.I., 46 NY2d at 1026). We therefore hold the case, reserve decision and remit the matter to Family Court to set forth its factual findings (see Sents, 210 AD2d at 897). Present—Hurlbutt, J.P., Kehoe, Gorski, Martoche and Hayes, JJ.