CONNOLLY v. CONNOLLY


48 A.D.2d 875 (1975)

Hugh Connolly, Appellant, v. Mary K. Connolly, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 16, 1975


Appeal dismissed as moot, without costs and without prejudice to appellant's right to commence habeas corpus proceedings on the issue of custody of the children. The order under review was superseded by the entry of a judgment of divorce, rendering academic the temporary custody provisions of the order, and the appeal from the order is therefore dismissed.

The appellant, if so advised, may resort to habeas corpus proceedings for a hearing on the issue of custody....

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