Opinion
April 9, 1965
Appeal from the Oswego Special Term.
Present — Bastow, J.P., Goldman, Henry, Noonan and Del Vecchio, JJ.
Order unanimously reversed, without costs of this appeal to either party, and matter remitted to Special Term for further proceedings in accordance with the Memorandum. Memorandum: The proof before the court on this motion presents questions of fact which should be resolved only after a hearing. (Cf. People ex rel. London v. London, 9 A.D.2d 663.) If either party desires to modify the provisions of the divorce decree relating to custody and support of the children, a motion therefor should be joined with the pending motion.