Opinion
December 18, 1987
Appeal from the Erie County Family Court, Notaro, J.
Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.
Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings, in accordance with same memorandum as in Matter of Nicholas R. ([appeal No. 1, 135 A.D.2d 1144 [decided herewith]).