Jose L. I., Matter of

• Decision Date: 29 March 1979
• Citation: Jose L. I., Matter of, 416 N.Y.S.2d 537, 46 N.Y.2d 1024, 389 N.E.2d 1059 (N.Y. 1979)
• Parties: , 389 N.E.2d 1059 In the Matter of JOSE L. I. et al. EDWIN GOULD SERVICES FOR CHILDREN, Appellant, v. MILDRED I., Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 537

416 N.Y.S.2d 537

46 N.Y.2d 1024, 389 N.E.2d 1059

In the Matter of JOSE L. I. et al. EDWIN GOULD SERVICES FOR CHILDREN, Appellant, v. MILDRED I., Respondent.

Court of Appeals of New York.

March 29, 1979.

Michael A. Neff, New York City, for Edwin Gould Services, appellant.

Wendy Sue Lauring, Brooklyn, William E. Hellerstein, New York City, and Charles Schinitsky, Brooklyn, for Law Guardian, appellant.

Louis L. Frank and Yvonne Lawrence, New York City, for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Both courts below have found, as a question of fact, that respondent did not permanently neglect her children by failing to plan for their future. (See Family Ct. Act, § 611.) On the sparse record before us, we cannot say otherwise, as a matter of law.

We take this occasion, however, to comment upon the findings of fact, or lack thereof, made by the Family Court and affirmed by the Appellate Division, without opinion. A trial court must state in its decision "the facts it deems essential" to its determination. (CPLR 4213, subd. (b).) While the court need not set forth evidentiary facts, it must state ultimate facts: that is, those facts upon which the rights and liabilities of the parties depend. (See Rosen Trust v. Rosen, 53 A.D.2d 342, 361, 386 N.Y.S.2d 491, 504, aff'd. 43 N.Y.2d 693, 401 N.Y.S.2d 66, 371 N.E.2d 828; Fischer v. Fischer, 45 A.D.2d 917, 357 N.Y.S.2d 305.)

In the present case, the Family Court made no findings of fact, concluding only that it was not persuaded that appellant had proved its case. (Family Court indicated an intention to make such findings, but failed to do so, and the parties acquiesced in such failure.) Effective appellate review, whatever the case but especially in child visitation, custody or neglect proceedings, requires that appropriate factual...