¶1Appeal from an order of the Family Court, Erie County (Sharon M. LoVallo, J.), entered January 19, 2012. The order dismissed the amended petition.
¶2It is hereby ordered that the order so appealed from is unanimously vacated without costs.
¶3Same 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.