Opinion
March 8, 1991
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.
Order insofar as appealed from unanimously modified on the law and as modified affirmed without costs, in accordance with same Memorandum as in Wojtowicz v Wojtowicz ([appeal No. 1] 171 A.D.2d 1073 [decided herewith]).