Opinion
June 17, 1968
Order of the Supreme Court, Queens County, dated January 4, 1968, reversed, on the law, without costs, and motion and cross motion remitted to the Special Term for (1) a hearing on whether custody of the children should remain in plaintiff or be transferred to defendant and (2) a new determination ( Fernandez v. Fernandez, 282 App. Div. 1043; Bowman v. Bowman, 19 A.D.2d 857). The findings of fact below have not been affirmed. Brennan, Acting P.J., Benjamin and Munder, JJ., concur; Rabin and Hopkins, JJ., dissent and vote to affirm the order.