Majority
p. 702Leonard Day, Appellant, v. Adelaide Allen Day, Respondent.
Headnote
Husband and wife — divorce — decree amended by directing that custody of younger son be given to father ■—■ older son left in custody of mother — alimony not changed.Appeal from certain parts of an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office February 5, 1925, which amends a decree of divorce, awarding the custody of children to defendant and failing to reduce alimony.
Our most careful review of the situations of these parties and their offspring as disclosed by the record leads us to the conclusion that the infants’ interests will be subserved best by directing that custody and control of the younger boy be awarded to the father and that the elder boy’s custody be continued in the mother. The motion of the plaintiff is granted to that extent. The direction in respect of alimony will not be altered. The order should be modified by awarding custody of the younger child of the parties to the plaintiff, and as so modified affirmed. Present — Clarke, P. J., Dowling, Merrell, Finch and McAvoy, JJ. Order modified as indicated in opinion, and as so modified affirmed. Settle order on notice.