Opinion
February 25, 1991
Appeal from the Family Court, Westchester County (Barone, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Westchester County, for further proceedings on the father's objections.
The Family Court failed to comply with its duty to "state the facts it deems essential" to its decision (CPLR 4213 [b]; Family Ct Act § 165) and, in light of the sparse record herein, this court cannot make proper findings of fact on the issue of downward modification of the Hearing Examiner's support order (see, Matter of Jose L.I., 46 N.Y.2d 1024; McDermott v McDermott, 124 A.D.2d 715; Raff v Raff, 120 A.D.2d 507; Baratta v Baratta, 102 A.D.2d 838; Matter of Priester v Harp, 99 A.D.2d 900; Matter of Van Dyck v Van Dyck, 96 A.D.2d 629; Zaransky v Zaransky, 79 A.D.2d 989).
Further, the court appears to have relied only upon the unsworn assertions of the father in reducing the award of support, which was improper (see, Matter of Nowacki v Nowacki, 90 A.D.2d 795; Matter of Eason v Eason, 86 A.D.2d 666; Matter of Smith v Smith, 70 A.D.2d 938). Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.