Matter of Otto

Matter of Otto 2012 NY Slip Op 04301 Decided on June 5, 2012 Appellate Division, First Department 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.

Decided on June 5, 2012
Mazzarelli, J.P., Sweeny, DeGrasse, Freedman, Richter, JJ.
7849N 3358/99

[*1]In re Richard A. Otto, File Deceased.

Regan Otto Schroeder, et al., Movants-Respondents,

v

Maria Otto, Respondent-Appellant.






Blank Rome LLP, New York (Laurie J. McPherson of counsel),
for appellant.
Willkie Farr and Gallagher LLP, New York (David Gise of
counsel), for Regan Otto Schroeder, respondent.
Scarola Malone & Zubatov LLP, New York (Rachel Balaban
of counsel), for Jed Isaacs, respondent.

Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered on or about August 30, 2011, which granted co-executors Regan Otto Schroeder and Jed Isaacs's motion for a protective order to prevent objectant Maria Otto from obtaining any discovery related to RB Holdings Corp., except to the extent of records necessary to substantiate certain professional fees, and granted Otto's motion to compel to the same extent, unanimously affirmed, with costs.

Otto is bound by the settlement agreement she signed that resolved the issue of the payments she now attempts to contest (see Butterfield v Cowing, 112 NY 486, 492 [1889]). Moreover, none of the documents about which she now raises issues are new to her, and all the issues could have been raised by one of her many previous counsel (see Matter of Souza, 80 AD3d 446 [2011]).

We have considered Otto's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2012

CLERK