SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 17, 1968
ELEANOR KRASNER, RESPONDENT,
JULES KRASNER, APPELLANT
Brennan, Acting P. J., Benjamin and Munder, JJ., concur; Rabin and Hopkins, JJ., dissent and vote to affirm the order.
Order of the Supreme Court, Queens County, dated January 4, 1968, reversed, on the law, without costs, and motion and cross motion remitted to the Special Term for (1) a hearing on whether custody of the children should remain in plaintiff or be transferred to defendant and (2) a new determination (Fernandez v. Fernandez, 282 App. Div. 1043; Bowman v. Bowman, 19 A.D.2d 857). The findings of fact below have not been affirmed.
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