New York Supreme and/or Appellate Courts Appellate Division, First Department
October 9, 2012
IN RE ROCKY H., ETC., FILE DECEASED. KEIKO ONO AOKI,
KANA AOKI NOOTENBOOM, ET AL.,
DEVON AOKI, ET AL.,
Matter of Rocky H.
Decided on October 9, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Saxe, J.P., Sweeny, Richter, Abdus-Salaam, Roman, JJ.
Order, Surrogate's Court, New York County (Kristin Booth Glen, S.), entered on or about November 16, 2010, which, to the extent appealed as limited by the briefs, granted respondents Kana Aoki Nootenboom, Kevin Aoki, Kyle Aoki and Kenneth Podziba's motion to direct petitioner to pay them $400,000 for the anticipated expenses of preparing and filing a supplemental accounting only to the extent of directing petitioner to pay $35,000, unanimously affirmed, without costs.
In the absence of documentation of the legal fees for which payment was requested, the Surrogate properly declined to direct payment of $365,000, "with the proviso that claimed trust expenses [would] be addressed in the context of the accounting."
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 9, 2012
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