Order unanimously affirmed, without costs of this appeal to either party. Memorandum: Upon this application we do not reach the ultimate question involved as to the validity of the marriage. This question is to be determined upon the trial. (See Bannon v. Bannon, 270 N. Y. 484.) (Cross appeals from order of Erie Special Term granting plaintiff’s motion for temporary alimony and counsel fees.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.