Opinion
March 29, 1962
Appeal from the Herkimer Special Term.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed on the law, without costs of this appeal to either party and motion denied, without costs. Memorandum: Upon argument it was conceded that the provision of the order granting the application of Leroy Conkling, the father of the infant, was improper and that part of the order may be reversed. As to the infant, we feel bound by the decision of the Court of Appeals in Matter of Goglas v. New York City Housing Auth. ( 11 N.Y.2d 680).