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MATTER OF ERIN C. v. PETER

4138, 4138A.

66 A.D.3d 451 (2009)

887 N.Y.S.2d 551

2009 NY Slip Op 7305

In the Matter of ERIN C., Respondent-Appellant, v. PETER H., Appellant-Respondent.

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

Decided October 13, 2009.

Although respondent had a full opportunity to explore the issue of the child's needs at the first hearing, Family Court properly directed a new hearing on that issue, rather than issue an order containing findings based on the one-sided record made at the first hearing, given a remand order requiring findings as to the child's "actual" needs (28 A.D.3d 251 [2006]). The subsequent decision of the Support Magistrate included dicta as to whether...

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