Fry v. Fry

Judgment unanimously modified on the law, and as modified affirmed without costs, and matter remitted to Supreme Court, Orleans County, for further proceedings, in accordance with the following memorandum: We remit this divorce action to Supreme Court because the court did not set forth the statutory factors and the basis for its decision in making its awards (see, O’Brien v O’Brien, 66 NY2d 576, 589).

The court also erred in failing to allocate its award of maintenance and child support (see, Rosen v Rosen, 115 AD2d 233, 235; De Vries v De Vries, 106 AD2d 424, 425) and in deferring to this…