
    The People of the State of New York ex rel. Elizabeth K. De Laney, Respondent, v. Mount St. Joseph’s Academy of Buffalo, Appellant.
    
      Domestic relations ■— husband and wife — parent and child — right of husband, not separated from wife, to remove children from home and place them in boarding school without consent of wife — children remanded, on habeas corpus, to joint control of parents.
    
    
      People ex rel. De Laney v. Mt. St. Joseph’s Academy 198 App. Div. 75, 280, affirmed.
    (Argued October 10, 1922;
    decided October 27, 1922.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 19,1921, which unanimously affirmed an order of Special Term remanding upon habeas corpus children of the relator to the joint custody of their parents. The relator’s husband, with whom she was living, without her consent, placed their three children, aged nine years, in .the care of the defendant, a boarding school or academy. The question involved was as to the right of a father not separated from his wife but living in a home with her to send his children away from the home against her consent.
    
      James O. Moore for appellant.
    
      William S. Stearns for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Caedozo, Pound, McLaughlin, Cbane and Andbews, JJ.  