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APPEAL HELD IN RESERVE AND MATTER SENT BACK FOR FACTUAL FINDINGS IN THIS CUSTODY CASE (FOURTH DEPT).

The Fourth Department, holding the appeal in reserve, sent the matter back for factual findings in this custody case:

With respect to the court's award of sole legal custody to the mother, we conclude that the court failed to set forth ” those facts upon which the rights and liabilities of the parties depend' “… , specifically its “analysis of those factors that traditionally affect the best interests of a child” … . “[E]ffective appellate review . . . requires that appropriate factual findings be made by the trial court—the court best able to measure the credibility of the witnesses”… . We therefore hold the case, reserve decision and remit the matter to Family Court to set forth its factual findings. Matter of Valentin v Mendez, 2018 NY Slip Op 06680, Fourth Dept 10-5-18

FAMILY LAW (APPEALS, APPEAL HELD IN RESERVE AND MATTER SENT BACK FOR FACTUAL FINDINGS IN THIS CUSTODY MATTER (FOURTH DEPT))/APPEALS (FAMILY LAW, APPEAL HELD IN RESERVE AND MATTER SENT BACK FOR FACTUAL FINDINGS IN THIS CUSTODY MATTER (FOURTH DEPT))

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