Opinion
July 13, 1978
Appeal from the Erie Supreme Court.
Present — Marsh, P.J., Moule, Dillon, Denman and Schnepp, JJ.
Case held, decision reserved and matter remitted to Erie County Supreme Court to formulate findings of fact. Denman, J., not participating. Memorandum: We cannot determine on this record whether the judgment denying a divorce to plaintiff was based upon a failure of proof or the exercise by the trial court of its discretion under the Hessen doctrine (Hessen v Hessen, 33 N.Y.2d 406). An intelligent judicial review of the decision of the trial court cannot be had in the absence of findings essential to the trial court's decision (CPLR 4213, subd [b]; Matter of Gray v Rose, 30 A.D.2d 138, 142; Conklin v State of New York, 22 A.D.2d 481, 485). The trial court shall state the facts it deems essential in support of its determination.