— Order unanimously modified on the law and as modified affirmed without costs, in accordance with same memorandum as in Hyland v Hyland ([appeal No. 1] 147 AD2d 941 [decided herewith]). (Appeal from order of Supreme Court, Monroe County, Patlow, J. — counsel fees.) Present — Dillon, P. J., Callahan, Denman, Green and Lawton, JJ.