Action remitted to the Special Term for a further hearing in accordance herewith and for the making of findings of fact and conclusions of law with respect to the issue of custody, and appeal held in abeyance in the interim.
We agree with Special Term's determination not to punish the defendant for contempt and to abate the arrears. However, with respect to the question of custody, the court failed to comply with the duty imposed upon it by statute to "state the facts...
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