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Matter of Hamilton v. Irlbacher

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1983
96 A.D.2d 726 (N.Y. App. Div. 1983)

Opinion

July 11, 1983

Appeal from the Erie County Family Court, Notaro, J.

Present — Dillon, P.J., Callahan, Boomer, Green and Schnepp, JJ.


Order unanimously reversed, without costs, and matter remitted to Erie County Family Court, for further proceedings in accordance with the following memorandum: Petitioner appeals from an order which modified a provision for child support in a divorce decree directing respondent to increase by $5 per week the support for each of his three children of the marriage. An examination of the record indicates that neither the court nor the hearing examiner, upon whose report the order was based, made specific findings of fact. Since this has made intelligent judicial review impossible, we remit the matter to Family Court for an evidentiary hearing in which findings of fact and conclusions of law must be made (Family Ct Act, § 439, subd [c]; § 435; CPLR 4213, subd [b]).


Summaries of

Matter of Hamilton v. Irlbacher

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1983
96 A.D.2d 726 (N.Y. App. Div. 1983)
Case details for

Matter of Hamilton v. Irlbacher

Case Details

Full title:In the Matter of RHONDA HAMILTON, Appellant, v. DAVID M. IRLBACHER…

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

Date published: Jul 11, 1983

Citations

96 A.D.2d 726 (N.Y. App. Div. 1983)

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