Opinion
May 19, 1949.
Appeal by respondents, in a proceeding for a writ of habeas corpus concerning the custody of a minor child of one of the respondents, from an order which referred their motion to modify and annul the order made upon the return of the writ of habeas corpus, insofar as it permits visitation by the relators, to an official referee, to hear and determine. Appeal dismissed, without costs. The order is not appealable. (Civ. Prac. Act, § 1274; People ex rel. Glendening v. Glendening, 281 N.Y. 602.) Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.