Order reversed, with $10 costs and disbursements and matter remitted to Special Term for further proceedings not inconsistent with the memorandum. Memorandum: Appellant mother secured a divorce from petitioner father by decree of the Court of Common Pleas of Pennsylvania, which made no provision for visitation rights with respect to the two children of the parties, aged 14 and 11 years. Thereafter the mother and children moved to Oswego County where petitioner instituted this habeas corpus proceeding to secure custody and visitation rights. Notwithstanding appellant mother’s request that a hearing be held and testimony taken the Special Term Justice, upon the papers before him, consisting only of the petition and affidavit in opposition thereto, granted custody to the respondent and visitation privileges to the petitioner which included the right to “ take the infants out of the State
