In re Brian R.

— Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings, in accordance with same memorandum as in Matter of Nicholas R. ([appeal No. 1, 135 AD2d 1144 [decided herewith]). (Appeal from order of Erie County Family Court, Notaro, J. — extension of time.) Present — Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.