Winters v. Winters

Order unanimously reversed on the law without costs and matter remitted to Onondaga County Family Court for further proceedings, in accordance with the following memorandum: Family Court, in modifying a Hearing Examiner’s order of support, is not bound by the Hearing Examiner’s findings (Family Ct Act § 439 [c], [e]), but may make its own findings of fact. Moreover, in our view, Family Court was not bound by the amount of support requested in the petition, but was free to award an amount appropriate to the proof adduced at the hearing (see, Matter of Priester v Harp, 99 AD2d 900, 901; Matter…