—Order unanimously reversed on the law and facts with costs and judgment ordered in accordance with same Memorandum as in Matter of Smith v Smith ([appeal No. 1] 191 AD2d 1007 [decided herewith]). (Appeal from Order of Erie County Family Court, LoRusso, J. — Maintenance.) Present — Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.