Legal Opinion

Sents v. Boysen

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1994PublishedCited by 2 opinions

1Opinion of the Court

—Case held, decision reserved and matter remitted to Oneida County Family Court for further proceedings in accordance with the following Memorandum: In this child custody case, Family Court failed to set forth "those facts upon which the rights and liabilities of the parties depend” (Matter of Jose L. I., 46 NY2d 1024, 1025-1026; see, Clarke v Clarke, 101 AD2d 911, 912). The absence of the required findings precludes proper appellate review. Because important questions of credibility were raised at the *897hearing, we decline to exercise our power to review the record and make our own findings…

2Cases cited3 opinions

  1. Matter of I.New York Court of Appeals · 1979
  2. Giordano v. GiordanoAppellate Division of the Supreme Court of the State of New York · 1983
  3. Clarke v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by2 opinions

  1. Kirby's Grill, Inc. v. Westvale PlazaAppellate Division of the Supreme Court of the State of New York · 2000
  2. Russell v. BanfieldAppellate Division of the Supreme Court of the State of New York · 2004

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