Opinion
Argued March 8, 1944
Decided April 13, 1944
Appeal from the Supreme Court, Appellate Division, First Department, SCHREIBER, J.
Arthur G. Hays and Oscar Stabiner for appellant.
John J. Cunneen and S.F. Peavey, Jr., for respondent.
Order of Appellate Division modified by striking therefrom the provisions as to the custody of the infant, and, as so modified, affirmed, without costs, on the ground that the infant is outside the State of New York, living with her father. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.