— Order unanimously reversed on the law without costs and petition dismissed. Same memorandum as in Matter of Welch v Lapp ([appeal No. 1] 139 AD2d 969 [decided herewith]). (Appeal from order of Seneca County Family Court, Dugan, J. — temporary custody.) Present — Denman, J. P., Boomer, Green, Lawton and Davis, JJ.