Appellate Division of the Supreme Court of the State of New York October 2, 1998, Appeal No. 2 (Smith v. Smith)

Order insofar as appealed from unanimously reversed on the law with costs and motion granted. Same Memorandum as in Smith v Smith (254 AD2d 788 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Bergin, J. — Amend Pleading.) Present — Pine, J. P., Lawton, Pigott, Jr., Callahan and Boehm, JJ.