Hornbeck v. Hornbeck

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before TITONE
• Citation: Hornbeck v. Hornbeck, 472 N.Y.S.2d 456, 99 A.D.2d 851 (N.Y. App. Div. 1984)
• Decision Date: 29 February 1984
• Parties: Paul D. HORNBECK, Appellant, v. Barbara HORNBECK, Respondent.

Page 456

472 N.Y.S.2d 456

99 A.D.2d 851

Paul D. HORNBECK, Appellant, v. Barbara HORNBECK, Respondent.

Supreme Court, Appellate Division Second Department.

Feb. 29, 1984.

Martin S. Schrader, Centerreach, for appellant.

N. Richard Wool, Woodbury, for respondent.

Before TITONE, J.P., and MANGANO, GIBBONS and BROWN, JJ.

MEMORANDUM BY THE COURT.

On the court's own motion, the decision and order of this court both dated February 14, 1984 are recalled and vacated, and the following decision is substituted therefor:

In a matrimonial action, plaintiff husband appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Suffolk County, entered June 1, 1983, which, inter alia, directed him to pay to defendant wife $200 per week for maintenance for a period of three years or until defendant remarries, whichever event occurs first, $300 per week for child support, $11,000 in counsel fees, and a distributive award in the sum of $33,537, payable at the rate of $2,000 per month.

Matter remitted to the Supreme Court, Suffolk County, for compliance with the provisions of paragraph g of subdivision 5, paragraph b of subdivision 6 and paragraph b of subdivision 7 of part B of section 236 of the Domestic Relations Law; and appeal held in abeyance in the interim. Special Term shall file its findings with this court no later than March 20, 1984.

This action is governed by the provisions of part B of section 236 of the Domestic Relations Law.

In Nielsen v. Nielsen, 91 A.D.2d 1016, 457 N.Y.S.2d 888 this court noted:

"In enacting part B of section 236 of the Domestic Relations Law, the Legislature deemed it advisable to require a court to consider specifically enumerated factors in making financial dispositions and to set forth the factors considered and the reasons for its decision. Section 236 (part B, subd 5, par d), for instance, sets forth 10 factors the court 'shall consider' in determining the equitable disposition of property and paragraph g of that subdivision states that 'the court shall set forth the factors it considered and the reasons for its decision and such may not be waived by either party or counsel'. Similarly, section 236 (part B, subd 6, par a) sets forth 10 factors the court 'shall consider' in determining the amount and duration of a maintenance award and paragraph b of that subdivision reiterates that the court 'shall set forth' the factors and the reasons for its decision. Again, section 236 (part B, subd 7,...