FURST v. FURST

Order insofar as it vacates and sets aside the judgment of divorce granted to the plaintiff and against the defendant, on March 26, 1946, and dismisses the complaint of the said plaintiff in said divorce action on the merits, reversed on the law and facts, without costs of this appeal to any party, and motion denied, without costs. ( Gioia v. Gioia, 245 App. Div. 373.) Order insofar as it denies defendant's prayer for alternative relief reversed and matter remitted to the Special Term to determine the question of custody of the children upon proof as to the best interests of the children. Appeal of Alberta Treble Furst dismissed as academic. All concur. (The final order vacates a judgment of divorce in favor of plaintiff Arthur Furst and against defendant Carolyn Furst, and dismisses plaintiff's complaint. Defendant appeals from the portion of the order denying her prayer for alternative relief for custody of the infant children of the marriage.)