Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings. Same memorandum as in Matter of David B. ([appeal No. 1] 167 AD2d 885 [decided herewith]). (Appeal from order of Erie County Family Court, O’Donnell, J.—PINS.) Present—Boomer, J. P., Green, Pine, Balio and Davis, JJ.