Opinion
December 29, 1980
In a filiation proceeding pursuant to article 5 of the Family Court Act, petitioner appeals from an order of the Family Court, Queens County, dated March 16, 1979, which, after a hearing, dismissed the petition. Matter remitted to the Family Court, Queens County, for the making of findings of fact, and appeal held in abeyance in the interim. The Family Court failed to set forth the essential facts upon which its order was based, as required by section 165 FCT of the Family Court Act and by CPLR 4213. (See Matter of Hudis v. Hudis, 64 A.D.2d 653.) Since the record before this court is insufficient for a proper consideration of this appeal, it is necessary that there be further action by the Family Court consistent herewith. Mangano, J.P., Gibbons, Gulotta and O'Connor, JJ., concur.