Di Bartolo v. Di Bartolo — 24 A.D.2d 1074

Majority

p. 1074

Giulia G. Di Bartolo, Respondent, v. Guiseppe E. Di Bartolo, Also Known as Joseph E. Di Bartolo, Appellant.

Order unanimously reversed, without costs of this appeal to either party, and matter remitted to Monroe Special Term for a hearing in accordance with the Memorandum. Memorandum: The record discloses questions of fact which should be resolved upon a hearing. (Appeal from order of Monroe Special Term denying defendant’s motion to amend judgment of separation and granting plaintiff’s motion for judgment.) Present — Williams, P. J., Goldman, Henry, Del Veeehio and Marsh, JJ.