Opinion
May, 1929.
Order reversed upon the law, without costs, and proceeding remitted to the Special Term for a hearing upon the facts, with leave to petitioner to file an answer or traverse to the return. It was error for the Special Term to make a summary order awarding the custody of these children without taking testimony. Lazansky, P.J., Rich, Young, Kapper and Seeger, JJ., concur.