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Full opinion text

—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the same Memorandum as in McDonald v McDonald ([appeal No. 1] 262 AD2d 1028 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Siracuse, J. — Matrimonial.) Present — Pine, J. P., Hayes, Pigott, Jr., Scudder and Balio, JJ.