Appeal from an order of the Family Court, Erie County (Sharon M. LoVallo, J.), entered January 19, 2012. The order dismissed the amended petition.
It is hereby ordered that the order so appealed from is unanimously vacated without costs.
Same memorandum as in Matter of Schultz v Schultz ([appeal No. 2] 107 AD3d 1616 [2013]). Present — Centra, J.P., Peradotto, Sconiers, Valentino and Whalen, JJ.