In Newton v. McFarlane, the Family Court stated only its conclusion—that the mother had established changed circumstances and that awarding custody to the mother was in the child’s best interests—but no decision was ever issued. 2019 N.Y. Slip Op. 04386, 2019 WL 2363541, at *6 (2d Dept. 2019). The Appellate Division, citing CPLR 4213[b] observed that “[i]nherent in the proposition that a reviewing court will give deference to the findings made by the hearing court is that the hearing court issued either a written or oral decision setting forth its findings of fact and conclusions of law … No deference can be given to a decision which does not exist or to findings which were not made.”

A trial court decision in a matrimonial or family court matter must comply with CPLR 4213(b), which requires that the decision of the court must state the facts it deems essential. The mechanics of complying with this mandate requires the trial court to (1) determine the facts, (2) determine the applicable law, (3) apply the law to its findings of facts, and (4) then exercise its discretion in reaching its conclusion. Based upon its findings of fact and conclusions of law, a judgment or order is then entered. Court rules require that findings of fact and conclusions of law be in a separate paper from the judgment. 22 NYCRR §202.50.