In re Aoki

Decision Date14 April 2023
Docket Number2008-2604/H/I,No. 2008-2604/H/I
Citation2023 NY Slip Op 31189 (U)
PartiesIn the Matter of the Application of Devon Aoki and Steven Aoki as Beneficiaries of the Trust Created under Article VIII of the Will of ROCKY H. AOKI, also known as Hiroaki Aoki, Deceased, to Revoke the Letters of Trusteeship Issued to Keiko Ono Aoki as Trustee of the Trust. In the Matter of the Judicial Settlement of the First Intermediate Account of Proceedings of Keiko Ono Aoki, as Trustee of the Trust under Article VIII of the Will of ROCKY H. AOKI, also known as Hiroaki Aoki, Deceased.
CourtNew York Surrogate Court

1

2023 NY Slip Op 31189(U)

In the Matter of the Application of Devon Aoki and Steven Aoki as Beneficiaries of the Trust Created under Article VIII of the Will of ROCKY H. AOKI, also known as Hiroaki Aoki, Deceased, to Revoke the Letters of Trusteeship Issued to Keiko Ono Aoki as Trustee of the Trust. In the Matter of the Judicial Settlement of the First Intermediate Account of Proceedings of Keiko Ono Aoki, as Trustee of the Trust under Article VIII of the Will of ROCKY H. AOKI, also known as Hiroaki Aoki, Deceased.

No. 2008-2604/H/I

Surrogate's Court, New York County

April 14, 2023


Unpublished Opinion

DECISION AND ORDER

RITA MELLA JUDGE

The following papers were considered in determining these motions for summary judgment and cross-motion for sanctions in the above-captioned matters:

Documents Considered

Numbered

Notice of Motion, dated October 7, 2022, for Summary Judgment or for a Stay by Keiko Ono Aoki, and Affirmation of Vincent Levy, Esq.

1, 2

Keiko Ono Aoki's Memorandum of Law in Support of Summary Judgment

3

Devon Aoki and Steven Aoki's Memorandum of Law in Opposition to Summary Judgment Motion of Keiko Ono Aoki

4

Affirmation of David C. Rose, Esq., in Opposition to Summary Judgment Motion of Keiko Ono Aoki, attaching Exhibits

5

Guardian ad Litem's Memorandum of Law in Opposition to Keiko Ono Aoki's Summary Judgment Motion and in Support of Cross-Motion for Sanctions

6

Affirmation of Vincent Levy, Esq., in Further Support of Keiko Ono Aoki's Summary Judgment Motion

7

Keiko Ono Aoki's Reply Memorandum of Law in Further Support of Summary Judgment of Keiko Ono Aoki and in Opposition to Cross-Motion for Sanctions

8

2

Notice of Motion for Summary Judgment, dated October 14, 2022, by Guardian ad Litem, and Affirmation of Jessica M. Baquet, Esq., attaching Exhibits

9, 10

Guardian ad Litem's Memorandum of Law in Support of Guardian ad Litem's Summary Judgment Motion

11

Keiko Ono Aoki's Memorandum of Law in Opposition to Summary Judgment Motion of Guardian ad Litem

12

Guardian ad Litem's Reply Memorandum of Law in Further Support of Guardian ad Litem's Summary Judgment Motion

13

Jessica M. Baquet, Esq.'s Reply Affirmation in Further Support of Guardian ad Litem's Summary Judgment Motion (attaching Exhibit)

14

Notice of Cross-Motion for Sanctions, dated November 4, 2022, by Guardian ad Litem, and Affirmation of Jessica M. Baquet, Esq., in Support

15, 16

Guardian ad Litem's Memorandum of Law in Opposition to Keiko Ono Aoki's Summary Judgment Motion and in Support of Cross-Motion for Sanctions

(same as #6 above)

Keiko Ono Aoki's Reply Memorandum of Law in Further Support of Summary Judgment of Keiko Ono Aoki and in Opposition to Cross-Motion for Sanctions

(same as #8 above)

At the call of the calendar on December 2, 2022, the court denied two motions for summary judgment in these trustee removal and accounting proceedings in the estate of decedent Rocky Aoki. The court also denied a cross-motion for sanctions by the guardian ad litem appointed to represent infant trust beneficiaries (GAL) in both proceedings.

The removal proceeding was commenced by two of decedent's children, Devon Aoki and Steven Aoki (Devon and Steven), [1] who are the beneficiaries of a trust created under decedent's...

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