Opinion
November 13, 1981
Appeal from the Erie Supreme Court, Mintz, J.
Present — Simons, J.P., Hancock, Jr., Callahan, Doerr and Denman, JJ.
Order unanimously reversed, without costs, motion granted and matter remitted to Erie County Supreme Court (Mintz, J.) for further proceedings, in accordance with the same memorandum as in Weber v. Weber ( 84 A.D.2d 940).