Tendorf v. Delmonte

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 AD2d 998 [decided herewith]). (Appeal from order of Erie County Family Court, Killeen, J.—custody.) Present—Doerr, J. P., Boomer, Green, Pine and Lowery, JJ.