Spada v. Spada

Order unanimously affirmed, without costs. Memorandum: While from the recital by the court in its decision it appears that it acted in disregard of the injunction of sections 70 and 240 of the Domestic Relations Law that “In all cases there shall be no prima facie right to the custody of the children in ■ either parent ”, the record supports the determination of the court made in the exercise of its discretion that custody of the children be granted to the mother and the finding that such grant of custody, having regard to the circumstances of the case and of the respective parties, was in…