Opinion
May 25, 1983
Appeal from the Supreme Court, Oneida County, McKennan, J.
Present — Callahan, J.P., Denman, Boomer, Green and Schnepp, JJ.
Case held, decision reserved and matter remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: A trial court has wide discretion to determine the issue of cruel and inhuman treatment and such a determination will not lightly be overturned on appeal ( Davis v Davis, 83 A.D.2d 547). The record clearly supports the grant of dual divorces ( Hessen v Hessen, 33 N.Y.2d 406). However, with respect to other issues involved in the divorce action, the trial court failed to comply with the duty imposed upon it by statute to "state the facts it deems essential" to its decision (CPLR 4213, subd [b]). It is thus impossible to review the decretal paragraphs of the judgment relating to custody, visitation, child support and counsel fees in any informed manner. It will be necessary for the trial court to make the appropriate findings on these issues ( Muscarella v Muscarella, 93 A.D.2d 993; Buckley v Buckley, 93 A.D.2d 973; Shanahan v Shanahan, 80 A.D.2d 738; Berlin v Berlin, 60 A.D.2d 861; Alleyne v Alleyne, 46 A.D.2d 785). The trial court properly granted plaintiff's motion to compel defendant to pay the rent. Plaintiff's change of residence did not absolve defendant from his obligation to continue payment of this necessary expense.