In a proceeding to enjoin petitioner's former wife and the latter's husband (respondents-appellants) from using any name for or in behalf of petitioner's son other than his legal name and to enlarge petitioner's visitation rights, (1) petitioner appeals from so much of an order of the Supreme Court, Nassau County, dated July 21, 1970, as denied his application for an injunction and (2) respondents-appellants cross-appeal from so much of the order as modified petitioner's visitation rights. Order modified, on the law, by deleting so much thereof as altered petitioner's visitation rights and by adding thereto a provision that the matter is referred to the Family Court, Nassau County, for determination of the issue of petitioner's visitation rights. As so modified, order affirmed with $10 costs and disbursements to respondents-appellants. The questions of fact as to visitation have not been considered. In our opinion, the modification of petitioner's visitation rights, upon the conflicting affidavits of the parties, constituted an improvident exercise of discretion. The best interests of the nine-year-old child who is the subject of this proceeding cannot be determined in this manner. — Latham, Acting P.J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.