Judgment, Supreme Court, New York County, entered August 11, 1970, in this special proceeding involving the custody of children, modified, on the law and in the exercise of discretion, to strike that portion of the order denying the application and dismissing the petition, and the matter remanded for a plenary hearing for the determination of proper directions for the custody of and visitation concerning the children and the judgment is otherwise affirmed, without costs and without disbursements. Of paramount concern are the best interests of the children and where, as here, the showing is such that proper provisions and conditions as to custody may not be determined as a matter of law without an inquiry into all the relevant facts and circumstances, the matter should be remanded for a hearing. (See People ex rel. Hinckley v. Hinckley, 31 A.D.2d 740; People ex rel. Chickering v. Chickering, 31 A.D.2d 910; Matter of Barry v. Glynn, 29 A.D.2d 927.) Upon the remand, the Supreme Court may exercise its discretion as to whether it would be appropriate to transfer the proceeding to the Family Court. (See Matter of Barry v. Glynn, supra.)
Concur — Stevens, P.J., Eager, Capozzoli, Tilzer and Bastow, JJ.