Matter of Rocky H.

Matter of Rocky H. 2012 NY Slip Op 06760 Decided on October 9, 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 October 9, 2012
Saxe, J.P., Sweeny, Richter, Abdus-Salaam, Román, JJ.
8251 2604/08

[*1]In re Rocky H., etc., File Deceased.

Keiko Ono Aoki, Petitioner-Respondent,

v

Kana Aoki Nootenboom, et al., Respondents-Appellants, Devon Aoki, et al., Respondents.






Holland & Knight, LLP, New York (Charles F. Gibbs, Brian P.
Corrigan and Faith L. Carter of counsel), for appellants.
Rosenberg Feldman Smith, LLP, New York (Richard B.
Feldman of counsel), for respondent.

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

CLERK