Opinion
February 5, 1993
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Boomer, J.P., Pine, Lawton, Boehm and Davis, JJ.
Order unanimously reversed on the law without costs. Same Memorandum as in Rydzewski v Rydzewski ( 190 A.D.2d 1084 [decided herewith]).