Opinion
October 22, 1970
Appeal from the Monroe Trial Term.
Present — Goldman, P.J., Marsh, Witmer and Henry, JJ.
Case held, decision reserved and matter remitted to Monroe County Trial Term for further proceedings in accordance with the following memorandum: There is insufficient proof in the record upon which to base findings as to the needs of the wife and children. Plaintiff's uncorroborated generalities, largely conclusory in nature, fail adequately to show such needs (cf. Orenstein v. Orenstein, 26 A.D.2d 928, 929). Her testimony that $400 per year is required for clothing for each of the three boys without any itemization or explanation thereof is incredible. Evidence as to the needs of the wife and children should be received and Trial Term should make findings of fact thereon. (See Brown v. Brown, 31 A.D.2d 516.)