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In re Accounting of Public Administrator as Administrator of Estate of Adelson

Surrogates Court, Kings County

July 26, 2017

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.

          HON. JOHN G. INGRAM JUSTICE.

         The following papers numbered 1 to 3 read on these motions:

         Papers Numbered

         Notice of Motion and

         Affidavits (Affirmations) 1

         Opposing Affidavits (Affirmations) 2

         Memorandums 3

         Upon 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.

         The 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.

         The 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)[2009] 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.

         In 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 ...


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