Judgment modified on the law and the facts by striking therefrom the words "because of his failure and refusal to support and provide for the plaintiff", and by reducing the allowance for support to $5 a week, and as so modified the judgment is unanimously affirmed, without costs. Order unanimously affirmed, without costs.
While the evidence warranted the informal findings in the decision of Special Term as to appellant's conduct, there was no proof of any refusal...
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