Majority
p. 825In the Matter of the Application of Maria Vacarella for a Writ of Habeas Corpus to Bring up the Bodies of Joseph Vacarella and Others. Carmelo Rizza, Appellant; Maria Vacarella, Respondent.
Order reversed upon the law, without costs, and proceeding remitted to the Special Term for a hearing upon the facts, with leave to petitioner to file an answer or traverse to the return. It was error for the Special Term to make a summary order awarding the custody of these children without taking testimony. Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.