Opinion
November 12, 1999
Appeal from Order of Supreme Court, Erie County, Michalek, J. — Dismiss Pleading.)
PRESENT: DENMAN, P. J., GREEN, PINE, SCUDDER AND CALLAHAN, JJ.
Order unanimously affirmed with costs. Same Memorandum as in Davis v. Davis ([appeal No. 1] 266 A.D.2d 867 [decided herewith]).