Opinion
November, 1928.
Present — Lazansky, P.J., Young, Hagarty, Seeger and Carswell, JJ.
Motion for alternative writ of prohibition denied, without costs. The marital status and rights of the parents remain unchanged until a judgment has been entered annulling the marriage. ( Jones v. Brinsmade, 183 N.Y. 258; Matter of Moncrief, 235 id. 390.) Section 70 Dom. Rel. of the Domestic Relations Law provides that a husband or wife, living apart without being divorced, and being the parent of a minor child, may apply for the writ of habeas corpus issued in this proceeding.
As amd. by Laws of 1923, chap. 235. — [REP.