Opinion
April 8, 1988
Appeal from the Supreme Court, Orleans County, Miles, J.
Present — Denman, J.P., Green, Pine, Balio and Lawton, JJ.
Judgment unanimously modified on the law, and as modified affirmed without costs, and matter remitted to Supreme Court, Orleans County, for further proceedings, in accordance with the following memorandum: We remit this divorce action to Supreme Court because the court did not set forth the statutory factors and the basis for its decision in making its awards (see, O'Brien v. O'Brien, 66 N.Y.2d 576, 589).
The court also erred in failing to allocate its award of maintenance and child support (see, Rosen v. Rosen, 115 A.D.2d 233, 235; De Vries v. De Vries, 106 A.D.2d 424, 425) and in deferring to this court plaintiff's request for counsel fees on appeal (see, Starke v. Starke, 127 A.D.2d 969, 970; Gannon v Gannon, 116 A.D.2d 1030, 1032; Price v. Price, 115 A.D.2d 530). We note that the court's unallocated award of $1,000 appears excessive on the present record and the court should reassess the amount of the award. We have considered the remaining claims raised and find that each one lacks merit.