Opinion
May 1, 1995
Appeal from the Supreme Court, Suffolk County (Dunn, J.).
Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a new determination consistent herewith and the entry of an amended judgment accordingly; and it is further,
Ordered that pending the entry of an amended judgment the plaintiff shall continue to pay the defendant $200 per week as temporary maintenance.
In rendering an award of maintenance to the defendant, the court referred only to the defendant's receipt of benefits from the Department of Social Services. Based on this record, we find that the trial court failed to adequately set forth the factors it considered and the reasons for its determination with regard to the award of maintenance (see, Domestic Relations Law § 236 [B] [6] [b]; Calicchia v Calicchia, 204 A.D.2d 506; Trach v Trach, 162 A.D.2d 678; Goldberg v Goldberg, 143 A.D.2d 66). This requirement cannot be waived by either party (see, Domestic Relations Law § 236 [B] [6] [b]; Conti v Conti, 199 A.D.2d 985, 986). The record is devoid of factors which would enable this Court to determine the Supreme Court's basis for granting the award of maintenance and, accordingly, we remit the matter to the Supreme Court, Suffolk County, for a new determination on that issue (see, Goldberg v Goldberg, supra, 143 A.D.2d, at 67). Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.