Matter of Accounting of the Public Administrator as Administrator of the Estate of Marvin Adelson, et al., Deceased.
Attorney General of the State of New York, Charities Bureau,
Alexander Dudelson, Esq.
JOHN G. INGRAM JUSTICE.
following papers numbered 1 to 3 read on these motions:
of Motion and
Affidavits (Affirmations) 2
the foregoing papers, the Office of the Attorney General of
the State of New York ("Attorney General") moves in
the above listed eighty-three estates for an order:
(a) Determining that Louis R. Rosenthal and his firm are not
entitled to any legal fees for any services he or his firm
rendered to the Public Administrator for Kings County in
connection with these estates.
(b) Directing Louis R. Rosenthal to repay to the Public
Administrator, for distribution to the relevant estate, all
amounts that Louis R. Rosenthal or his firm were paid for any
services rendered to the Public Administrator, plus interest
at the legal rate from the date of the original degree in
that estate until the date of repayment.
present motions emanate out of a series of motions previously
brought by the Attorney General to vacate the award of
attorneys' fees to Louis R. Rosenthal
("Rosenthal"), as counsel to the Public
Administrator, in decrees entered during the period January
1, 1997 through May 31, 2002 in estates administered by the
Kings County Public Administrator.
court (Johnson, S.) decided these motions vacating that
portion of the decrees which approved and awarded
attorneys' fees to Rosenthal and ordered him to submit
within sixty days affidavits of legal services in each of the
estates conforming to the requirements of SCPA
§1108(2)(c). The Orders provided that if Rosenthal
failed to submit the affidavits, the Attorney General could
move for appropriate relief (In re Adelson 35
Misc.3d 1215(A) aff'd 83A.D.3d 952) [2d
Dept 2011]. In response to the failure of Rosenthal to submit
the required affidavits of legal services the Attorney
General brought the present motions.
opposition to the present eighty-three motions, Rosenthal had
argued, inter alia, that these proceedings should be
transferred to another county citing, Matter of
Greenfield, 127 A.D.3d 1189 (2d Dept 2015). The court
(Johnson, S.) in a decision dated October 14, 2015, held
these motions in abeyance pending application to and
determination by the Deputy Chief Administrative Judge for
the New York City Courts as to where these motions would be
transferred for disposition. By Administrative Transfer Order
No.78, dated June 20, 2017, these ...