Majority
p. 953In the Matter of the Custody of Mary M. Forbell, an Infant. Robert C. Forbell, Respondent; Monica R. Forbell, Appellant.
In a proceeding to obtain custody of a child, order, entered after hearing, dismissing on the merits, without prejudice, appellant’s application for custody, and dismissing without prejudice respondent’s petition for custody on the grounds (1) that respondent now has legal custody of the child, and (2) that the welfare of the child is served by present custody, affirmed, without costs. Ho opinion. Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur. [198 Mise. 753.]