Opinion
January 18, 1943.
Order sustaining writ of habeas corpus and awarding to respondent the custody of his child, modified on the facts so as to direct that the respondent provide for the religious instruction of the infant in accordance with the doctrine and practices of the Roman Catholic faith; and, as so modified, the order is affirmed, without costs. The child was baptized in the Roman Catholic faith and on the argument respondent's counsel consented to this modification. Appeal from order denying motion for resettlement of order dismissed, without costs. Close, P.J., Hagarty, Carswell, Taylor and Lewis, JJ., concur.