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Westchester County Department of Social Services v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 685 (N.Y. App. Div. 1991)

Opinion

February 25, 1991

Appeal from the Family Court, Westchester County (Barone, J.).


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Westchester County, for further proceedings on the father's objections.

The Family Court failed to comply with its duty to "state the facts it deems essential" to its decision (CPLR 4213 [b]; Family Ct Act § 165) and, in light of the sparse record herein, this court cannot make proper findings of fact on the issue of downward modification of the Hearing Examiner's support order (see, Matter of Jose L.I., 46 N.Y.2d 1024; McDermott v McDermott, 124 A.D.2d 715; Raff v Raff, 120 A.D.2d 507; Baratta v Baratta, 102 A.D.2d 838; Matter of Priester v Harp, 99 A.D.2d 900; Matter of Van Dyck v Van Dyck, 96 A.D.2d 629; Zaransky v Zaransky, 79 A.D.2d 989).

Further, the court appears to have relied only upon the unsworn assertions of the father in reducing the award of support, which was improper (see, Matter of Nowacki v Nowacki, 90 A.D.2d 795; Matter of Eason v Eason, 86 A.D.2d 666; Matter of Smith v Smith, 70 A.D.2d 938). Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.


Summaries of

Westchester County Department of Social Services v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 685 (N.Y. App. Div. 1991)
Case details for

Westchester County Department of Social Services v. Cruz

Case Details

Full title:In the Matter of WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, on…

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

Date published: Feb 25, 1991

Citations

170 A.D.2d 685 (N.Y. App. Div. 1991)

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