Opinion
March 1, 1985
Appeal from the Supreme Court, Wyoming County, Flynn, J.
Present — Dillon, P.J., Doerr, Denman, Boomer and Schnepp, JJ.
Judgment unanimously reversed and petition granted for the reasons stated in the opinion in Matter of Jones v. Smith ( 120 Misc.2d 445, affd 101 A.D.2d 705, lv granted 63 N.Y.2d 601).