Opinion
December 4, 1944.
Order denying plaintiff's motion for a modification of the final judgment of divorce reversed on the law and the facts, without costs, and the matter referred to an official referee to hear the issues presented by the affidavits and to report, with his opinion, to Special Term, Part V, of the Supreme Court, Kings County. The issues presented by the conflicting affidavits can best be determined by an oral hearing. Close, P.J., Carswell, Adel, Lewis and Aldrich, JJ., concur.