Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Family law, divorce, family, gavel Photo Credit: Shutterstock

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.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


New York Business LitigationBook

New York Business Litigation, edited by David R. Marriott, brings together 15 preeminent attorneys as chapter authors in this New York title published by the New York Law...

Get More Information

America's Claims Executive (ACE) 2020Event

ACE Leadership Forum & Expo is the annual conference for Senior Claims Managers in Insurance organizations.

Get More Information

Banking Litigation & Regulation Forum 2020Event

Delivers the key insights and practical solutions to acutely address the complex minefield of UK banking litigation & regulation.

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.