Wilke v. Wilke

— In an action in which the plaintiff husband was granted a separation, defendant wife appeals from an order of the Supreme Court, Nassau County, dated September 11, 1978, which denied her motion to modify the judgment of separation by striking the second decretal paragraph thereof which awarded custody of the parties’ minor child to the plaintiff. Order reversed, on the law and the facts, and defendant’s motion is granted, with $50 costs and disbursements. On May 16, 1977 a judgment was entered granting the plaintiff a separation on the ground of abandonment and giving him custody of the…