Opinion
November 29, 1962
Appeal from the Erie Special Term.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously affirmed, without costs of this appeal to either party. Memorandum: Upon this application we do not reach the ultimate question involved as to the validity of the marriage. This question is to be determined upon the trial. (See Bannon v. Bannon, 270 N.Y. 484.)