Order reversed on the law and the facts, without costs, writ of habeas corpus dismissed, and the custody of the infant child awarded to her father, Richard Cavanagh, upon authority of People ex rel. Boulware v. Martens ( 232 App. Div. 258; affd., 258 N.Y. 534). Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ., concur. [See post, p. —.]