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MATTER OF AOKI

File Nos. 2008/2604/H/I, 2008/2604/F. Appeal No. 1045. Case No. 2023-02293.

221 A.D.3d 479 (2023)

199 N.Y.S.3d 52

2023 NY Slip Op 05784

In the Matter of Devon Aoki et al., 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. Devon Aoki et al., Respondents, v. Keiko Ono Aoki, Appellant. 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. Keiko Ono Aoki, Appellant, Devon Aoki et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 16, 2023.

Attorney(s) appearing for the Case

Holwell Shuster & Goldberg LLP, New York (James M. McGuire of counsel), for appellant.

Pryor Cashman LLP, New York (David C. Rose of counsel) for Devon Aoki and Steven Aoki, respondents.

Ruskin Moscou Faltischek, P.C., Uniondale (Jessica M. Baquet of counsel), guardian ad litem.

Concur—Renwick, P.J., Kern, Gesmer, Shulman, O'Neill Levy, JJ.

Order, Surrogate's Court, New York County (Rita Mella, S.), entered on or about April 14, 2023, which, to the extent appealed from, denied trustee Keiko Ono Aoki's motion for summary judgment for an order determining that petitioners Devon Aoki and Steven Aoki lacked standing to participate in removal and accounting proceedings, unanimously affirmed, with costs.

The trustee failed to establish that petitioners Devon Aoki and Steven Aoki violated the no-contest clause...

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