— Order unanimously modified on the law and as modified affirmed without costs, in accordance with same memorandum as in Matter of Birnbaum ([appeal No. 1] 168 AD2d 933 [decided herewith]). (Appeal from order of Monroe County Surrogate’s Court, Ciaccio, S. — court approval of offer.) Present — Callahan, J. P., Denman, Green, Balio and Davis, JJ.