General
Frances D. Grant, Appellant, v. James F. Grant, Respondent
23 A.D.2d 819·New York Supreme Court, Appellate Division·1965·NY
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Opinion
Frances D. Grant, Appellant, v. James F. Grant, Respondent.
[MAJORITY]
Order unanimously reversed, without costs of this appeal to either party, and matter remitted to Special Term for further proceedings in accordance with the Memorandum. Memorandum: The proof before the court on this motion presents questions of fact Which should be resolved only after a hearing. (Cf. People ex rel. London v. London, 9 A D 2d 663.) If either party desires to modify the provisions of the divorce decree relating to custody and support of the children, a motion therefor should be joined with the pending motion. (Appeal from order of Oswego Special Term restraining plaintiff from removing issue of marriage.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Yecchio, JJ.