Opinion
July 15, 1985
Appeal from the Supreme Court, Nassau County (Kelly, J.).
Judgment reversed, without costs or disbursements, and matter remitted to the Supreme Court, Nassau County, for a hearing and a new determination in accordance herewith.
Special Term based its determination, in part, on a finding that plaintiff engaged in certain needless and time-wasting legal maneuvers which precluded the need for a hearing. Upon this record, however, we cannot say that "the husband's conduct [was] so clearly obstructionistic as to warrant affirmance of the order, without remanding for an evidentiary hearing" ( Stern v Stern, 67 A.D.2d 253, 254). We therefore remit the matter for a hearing and a new determination on the issue of counsel fees, expenses, costs and disbursements ( Entwistle v. Entwistle, 92 A.D.2d 879, 880, appeal dismissed 59 N.Y.2d 966; Sadofsky v Sadofsky, 78 A.D.2d 520). Brown, J.P., Weinstein, Niehoff and Lawrence, JJ., concur.