Opinion
January 30, 1962
Order, entered on January 16, 1962, unanimously modified to the extent of remanding the matter to Special Term for the sole purpose of taking testimony forthwith as to which school would be the best for the child's needs. We agree with Special Term that it is to the child's best interests that he attend a boarding school. However, there is nothing in the record indicating that the Rectory School designated in the order is the appropriate school in the circumstances of this case. It is quite possible that it is, but there should be something in the record to establish that fact. As thus modified the order is affirmed, without costs. The stay is to continue until termination of the hearing and decision by Special Term.
Concur — Rabin, J.P., Valente, McNally, Stevens and Bastow, JJ.