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Fennie v. Fennie

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 19, 1969
32 A.D.2d 874 (N.Y. App. Div. 1969)

Opinion

June 19, 1969

Appeal from the Erie County Family Court.

Present — Goldman, P.J., Marsh, Witmer, Moule and Bastow, JJ.


Orders unanimously reversed, without costs, and a new hearing granted in accordance with the following Memorandum: Petitioner's application should be remitted to Family Court for a new hearing at which proof may be adduced by competent evidence establishing the needs of the wife and children and the means of the husband including his income, expenses and new obligations consequent upon a subsequent remarriage. The probation report upon which the court at least in part based its decision was not received in evidence, could not be considered competent proof by the court, and is of course no part of the record on appeal. (See Gutillo v. Gutillo, 30 A.D.2d 484, 486.) Any new determination made should state the essential facts upon which it is based in accordance with section 165 FCT of the Family Court Act and CPLR 4213 (subd. [b]).


Summaries of

Fennie v. Fennie

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 19, 1969
32 A.D.2d 874 (N.Y. App. Div. 1969)
Case details for

Fennie v. Fennie

Case Details

Full title:EILEEN FENNIE, Appellant, v. JAMES FENNIE, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 19, 1969

Citations

32 A.D.2d 874 (N.Y. App. Div. 1969)
302 N.Y.S.2d 179

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