Opinion
December 20, 1963
Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.
Upon remittal after the prior appeal ( 15 A.D.2d 694), the board found, in substance, that the cohabitation in Iowa was not with a present intent and agreement to establish a marriage. Intent is usually a matter of inference and always one for purely factual evaluation and determination and hence within the province of the board, whose finding upon this record cannot be disturbed. Decision unanimously affirmed, without costs.