Opinion
December 11, 1995
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the matter is remitted to the Supreme Court, Nassau County, to set forth the factors considered and the reasons for its determination as to child support, and the appeal is held in abeyance in the interim. The Supreme Court, Nassau County, is to file its report with all convenient speed.
In calculating the amount of the child support award, pursuant to the provisions of the Child Support Standards Act (see, Family Ct Act § 413; Domestic Relations Law § 240), the Supreme Court, Nassau County, opted to apply the child support percentage (in this case 25%) to the combined parental income over $80,000. While the statute explicitly vests discretion in the court to apply the stated percentage to income over $80,000, rather than apply the factors set forth in Family Court Act § 413 (1) (f), there must be some "record articulation of the reasons for the court's choice * * * to facilitate * * * review" (Matter of Cassano v Cassano, 85 N.Y.2d 649, 655). Inasmuch as the record is bereft of the court's reasons for its choice, we find it appropriate to remit the matter to the Supreme Court, Nassau County, to enable it to set forth the factors it considered and the reasons for its determination (see, Jones v Reese, 217 A.D.2d 783).
No other issues are reached at this juncture. Thompson, J.P., Joy, Goldstein and Florio, JJ., concur.