Opinion
June 22, 1990
Appeal from the Erie County Family Court, Killeen, J.
Present — Doerr, J.P., Boomer, Green, Pine and Lowery, JJ.
Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Erie County Family Court for further proceedings, in accordance with the same memorandum as in Matter of Tendorf v. Delmonte ([appeal No. 1] 162 A.D.2d 998 [decided herewith]).