Matter of Rocky H.
2012 NY Slip Op 06760 [99 AD3d 493]
October 9, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


In the Matter of Rocky H., Deceased. Keiko Ono Aoki, Respondent; Kana Aoki Nootenboom et al., Appellants, et al., Respondents.

[*1] 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." Concur—Saxe, J.P., Sweeny, Richter, Abdus-Salaam and Román, JJ.