| Matter of Aoki |
| 2011 NY Slip Op 04771 [17 NY3d 754] |
| June 9, 2011 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, September 7, 2011 |
| In the Matter of the Estate of Rocky H. Aoki, Also Known as Hiroaki Aoki, Deceased. |
| Keiko Ono Aoki, Respondent, v Kana Aoki Nootenboom et al., Appellants, et al., Respondent. |
Decided June 9, 2011
Matter of Aoki, 78 AD3d 569, affirmed.
APPEARANCES OF COUNSEL
Holland & Knight, LLP, New York City (Joseph P. Sullivan of counsel), for appellants.
Rosenberg Feldman Smith, LLP, New York City (Richard B. Feldman, Michael H. Smith and McKenzie A. Livingston of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and the certified question answered in the affirmative. We agree with the Appellate Division that Surrogate's Court did not abuse its discretion by setting a December{**17 NY3d at 755} 2009 deadline for the completion of discovery and limiting the identity and number of individuals to be deposed.
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.