In the Matter of the Application of Irene McCanliss, Petitioner, for an Alternative Prohibition Order against Hon. Joseph Morschauser, Individually and as a Justice of the New York Supreme Court Holding Special Term for the County of Dutchess, and Lee McCanliss, Defendants

In the Matter of the Application of Irene McCanliss, Petitioner, for an Alternative Prohibition Order against Hon. Joseph Morschauser, Individually and as a Justice of the New York Supreme Court Holding Special Term for the County of Dutchess, and Lee McCanliss, Defendants. [MAJORITY] Motion for alternative writ of prohibition denied, without costs. The marital status and rights of the parents remain unchanged until a judgment has been entered annulling the marriage. CJones v. Brinsmade, 183 N. Y. 258; Matter of Moncrief, 235 id. 390.) Section 70 of the Domestic Relations Law provides that a husband or wife, living apart without being divorced, and being the parent of a minor child, may apply for the writ of habeas corpus issued in this proceeding. Present — Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ.