Opinion
March 5, 1968
Orders of Family Court, respectively entered April 28, 1967, July 24, 1967, September 13, 1967 and September 20, 1967, unanimously affirmed, with $50 costs and disbursements to petitioner-respondent. The incidental determination by the Family Court that the Mexcan divorce decree is invalid is not res judicata in the action pending between the parties in the Supreme Court ( Loomis v. Loomis, 288 N.Y. 222), and the instant disposition is without prejudice to the maintenance of that action.
Concur — Botein, P.J., Steuer, Capozzoli, McGivern and McNally, JJ.