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LaPorta v. LaPorta

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 365 (N.Y. App. Div. 1995)

Opinion

June 12, 1995

Appeal from the Supreme Court, Westchester County (Gurahian, J.).


Ordered that the judgment is modified by deleting the seventh, eighth, ninth, tenth, eleventh, thirteenth, fourteenth, and twenty-second decretal paragraphs thereof; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

The trial court's determination of child support, maintenance, and equitable distribution of the marital property, for the most part, is devoid of the court's reasons or the factors the court considered (see, Domestic Relations Law § 236 [B] [6] [b]; § 240 [1-b] [b] [5]; [f]; [c] [3]; Majauskas v. Majauskas, 61 N.Y.2d 481, 494; Harmon v. Harmon, 173 A.D.2d 98, 110). Where possible, in the interest of judicial economy, we would fashion an award in these matters (see, O'Brien v. O'Brien, 66 N.Y.2d 576, 589; Jabri v. Jabri, 175 A.D.2d 237, 238; Chasnov v. Chasnov, 131 A.D.2d 624, 625). However, the insufficiency of the record and the contradictory facts therein preclude us from making such determinations. We note that, based on the record before this Court the determinations of the Supreme Court do not appear to be supported by the record. Hence, these matters are remitted to the Supreme Court for a new determination of maintenance, child support, equitable distribution of the marital property, and counsel fees based on the statutory factors and articulable findings (see, O'Brien v. O'Brien, supra; Slankard v. Chahinian, 204 A.D.2d 529, 531; Jabri v. Jabri, supra; Harmon v. Harmon, supra; Parks v. Parks, 159 A.D.2d 841, 842).

Finally, contrary to the husband's contention, the award of prospective open-ended, unreimbursed medical expenses for the parties' child was proper (see, Domestic Relations Law § 240 [1-b] [c] [5]; Aiken v. Aiken, 206 A.D.2d 399; Matter of Cassano v. Cassano, 203 A.D.2d 563, 566, affd 85 N.Y.2d 649; see also, Family Ct Act § 413 [c] [5]). Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.


Summaries of

LaPorta v. LaPorta

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 365 (N.Y. App. Div. 1995)
Case details for

LaPorta v. LaPorta

Case Details

Full title:ROBERT LaPORTA, Appellant, v. LISA LaPORTA, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 12, 1995

Citations

216 A.D.2d 365 (N.Y. App. Div. 1995)
628 N.Y.S.2d 364

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