Opinion
April 5, 1985
Appeal from the Supreme Court, Erie County, Fudeman, J.
Present — Dillon, P.J., Boomer, Green, O'Donnell and Schnepp, JJ.
Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with same memorandum as in McCann v. McCann (Appeal No. 1.) ( 110 A.D.2d 1069).