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MATTER OF BENITEZ v. NIEVES

43 A.D.2d 514 (1973)

In the Matter of Ileana Benitez, Respondent, v. Rafael Nieves, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 1, 1973

We note that Bacon, J., is no longer sitting as a Family Court Judge; if this were not so, perhaps we would remand only for the purpose of new findings consonant with a statement of the facts which are deemed essential to support the determination of the Trial Judge (Matter of Harris v. Doley, 22 A.D.2d 769). In this instance, the findings are at odds with the evidence and would have to be restated. But, in the absence of the Trial...

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