OPINION OF THE COURT
Scudder, P.J.Same opinion by Scudder, P.J., as in Matter of Lewis (114 AD3d 203 [2014] [appeal No. 1]).
Fahey, Lindley and Valentino, JJ., concur with Scudder, EJ.; Feradotto, J., dissents and votes to reverse in accordance with the same dissenting opinion as in Matter of Lewis (114 AD3d 203 [2014] [appeal No. 1]).
It is hereby ordered that the decree so appealed from is affirmed without costs.