Order unanimously modified on the law and as modified affirmed without costs, in accordance with same Memorandum as in Squires v Squires ([appeal No. 2] 177 AD2d 968 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Curran, J.—Cancellation of Notice of Pendency.) Present—Callahan, A. P. J., Denman, Green, Pine and Davis, JJ.