Order unanimously reversed on the law without costs, motion granted and amended petition dismissed. Same Memorandum as in Matter of Manasen (Primeau) (247 AD2d 908 [decided herewith]). (Appeal from Order of Erie County Surrogate’s Court, Mattina, S. — Dismiss Pleading.)
Present — Pine, J. P., Lawton, Wisner, Callahan and Boehm, JJ.