KALFUS v. KALFUS


243 A.D.2d 324 (1997)

664 N.Y.S.2d 526

Penny Kalfus, Respondent, v. Robert Kalfus, Appellant

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

October 16, 1997


The matter must be remitted for a new decision since it appears from plaintiff's affidavit in support of her motion to confirm the Special Referee's report that minutes of the hearing were taken, submission of the transcript thereof was not waived and the court rendered its decision without having before it "`the testimony in some form or agreement by the parties as to its substance sufficient to permit the court to pass upon a...

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