Opinion
August 8, 1994
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Ordered that the matter is remitted to the Supreme Court, Westchester County, to set forth the factors considered and the reasons for its determinations as to equitable distribution and maintenance, and the appeals are held in abeyance in the interim; the Supreme Court shall file its report with this Court with all deliberate speed.
In determining the equitable distribution of the parties' assets and in setting a maintenance award, the Supreme Court failed to set forth the factors it considered and the reasons for its determinations (see, Domestic Relations Law § 236 [B] [5] [g]; [6] [b]). The requirement is mandatory and cannot be waived. Under the circumstances of this case, we find it appropriate to remit the matter to the Supreme Court, Westchester County, to enable it to set forth the factors considered and the reasons for its determinations (see, Capasso v. Capasso, 119 A.D.2d 268, 272; Levine v. Levine, 102 A.D.2d 799; Hornbeck v. Hornbeck, 99 A.D.2d 851; Wilson v. Wilson, 101 A.D.2d 536, 538-539). This Court is cognizant of the fact that retired Justice Gurahian is no longer a sitting Supreme Court Justice, but the matter may be referred to him for further findings in his capacity as a Judicial Hearing Officer, on consent of the parties. Bracken, J.P., Sullivan, Miller and Hart, JJ., concur.