Opinion
June 21, 1949.
Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ.;
Order reversed, in all respects, except as to consolidation, upon the ground that plaintiff has failed to establish reasonable probability of success on the issues tendered by her complaint. The matter of custody of the children should not be determined on affidavits but only after hearing by a justice of the Supreme Court. Until such determination the children may remain with the plaintiff and the defendant shall contribute $75 per week for the support of said children.
Dore, J., dissents in part and votes to modify by reducing the alimony to $150 per week and counsel fees to $1,500. Settle order on notice.