By: Daily Record Staff//December 16, 2010
By: Daily Record Staff//December 16, 2010//
Appellate Division, Fourth Department
Appealed from Oneida County Family Court
Background: In a custody proceeding, the judge granted custody to the mother with visitation to the mother. On appeal, the mother contended that the judge failed to set forth its findings of fact and reasons for its determination.
Ruling: The order is reversed and the matter remitted for further proceedings. The decision underlying the order recited in a conclusory manner that the trial judge had considered the testimony and exhibits presented. This is insufficient to comply with CPLR 4213. Findings by the trial judge that both parties were “nice people” and “good parents” do not allow an appellate court to effectively review the lower court’s determination. The appellate division declined to make its own findings of fact.
Scott T. Godkin for the petitioner; Diane M. Martin-Grande for the respondent; Mark P. Malak for the children