
    The People of the State of New York ex rel. Nellie McCoy, Respondent, v. George P. Downey, Appellant.
   Appeal dismissed, without costs and without prejudice. The custody of the children was awarded to the father by an order under a previous writ, made by Mr. Justice Fawcett. There is no proof of a change of condition since that time. Under the circumstances, the writ should have been dismissed; but the order from which the appeal has been taken was entered by default, and this requires a dismissal of the appeal without prejudice to a motion to open the default. Lazansky, P. J., Young, Kapper, Carswell and Scudder, JJ., concur.  