Opinion
December 18, 1961
In an adoption proceeding, the petitioners appeal from so much of an order of the Surrogate's Court, Kings County, entered December 12, 1960, made on reargument, as granted in part the motion of the respondent, Department of Welfare of the City of New York, to vacate petitioners' notice to examine said respondent before trial, by striking out certain items from such notice. Order insofar as appealed from affirmed, without costs. No opinion. In deciding this appeal we are in no way passing upon the merits of the adoption proceeding. The examination shall proceed on 10 days' written notice or on any other date mutually fixed by the parties. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.