
    The People of the State of New York ex rel. Teddy Feldman, Appellant, v Warden of New York City Correctional Institute for Women, and Jo Oppenheimer, Respondent.
    Argued March 20, 1975;
    decided May 7, 1975
    
      
      Bonnie Brower, William Gallagher, William Hellerstein and Eric A. Seiff fox appellant.
    
      Bernard S. Meyer, Samuel G. Fredman, John P. Seligman and Charles M. Newman for Jo Oppenheimer, respondent.
   Memorandum. Since the finding of Special Term that relator willfully refused to comply with the court’s direction to produce the child in the custody proceeding, although she had the present ability to do so, was justified by the evidence, in view of the affirmance by the Appellate Division, and since there were no legal errors warranting reversal, the order of the Appellate Division should be affirmed, without costs. Upon renewal of the application or upon further review (see Judiciary Law, § 774, subd 2), the hearing Justice in the prior proceedings who has acted unexceptionably under difficult circumstances may wish to refer such application to another Justice.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke concur in memorandum; Judge Fuchs-berg taking no part.

Order affirmed.  