Matter of Lester

2019 NY Slip Op 35245(U)

• Court: Surrogate's Court, Queens County
• Decided: September 17, 2019
• Docket: File No.2003-4438/F
• Status: Unpublished

Opinion

Matter of Lester 2019 NY Slip Op 35245(U) September 17, 2019 Surrogate's Court, Queens County Docket Number: File No.2003-4438/F Judge: Peter J. Kelly Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. I Present: HON. PETER J. KELLY SURROGATE

SURROGATE'S COURT: QUEENS COUNTY -------------------------- -- ---------X Accounting by Howard Lester, Patricia Lester and JP Morgan Chase Bank, N.A. as the Executors of the Estate of

DAVID MINKIN, File No.2003-4438/F

Deceased,

for advanced payment of legal fees pursuant toSCPA2111. -------X

This is an unopposed petition pursuant to SCPt 2111 by David Adler, Esq.,

as Guardian ad Litem for the infant, Pablo Briger, for the advance payment of legal

I fees for services rendered to his ward.

The Guardian ad Litem expended 315.50 hours on this accounting proceeding

representing his ward for the period September, 2011 through August, 2014, at

which time he rendered a final report and his appointm~nt ceased due to his ward's

emancipation. The gross principal reported in the acco+t exceeds $420,000,000.00

million dollars, the vast majority of which is contained ii a family limited partnership

(FLP). Despite the expiration of five years since his strvices were terminated, the

Guardian ad Litem has not been paid a legal fee. rhis is primarily due to the

I [* 1] I complex, protracted course of litigation taken by the reipective parties in this highly

contested accounting.

The Guardian ad Litem protected his ward's inlerests in this proceeding by

filing an answer to the petition, performing an assiduou review of the pleadings and

papers submitted in support of and, in opposition to, tht petition, making numerous

lengthy court appearances at preliminary and pretrial ,conferences, obtaining and

reviewing voluminous discovery including over 150,00~ documents produced from

November 2011 through August, 2012, attending FCPA 2211 examinations,

participating in motion practice, appearing before a ourt appointed Referee for 1 conferences, motions and decisions on discovery relate~ issues, engaging in written

I and telephonic communications with respective counsel, and preparing and filing his

final report.

The Guardian ad Litem, who is among the blst of his peers, has been

admitted to practice in New York since 1981 and hlis practice consists almost

exclusively of trusts and estate matters. He has served. as President of the Queens

County Bar Association and chaired that organization'~ Trusts and Estates section

for over twenty five (25) years. He is a member of t1e Executive Committee for

Estates and Trusts with the New York State Bar Association and lectures on trusts

I [* 2] I and estates practice and has published numerous articles in various publications

including the New York State Bar Journal and the Qw~ens Bar Bulletin. He is AV

Preeminent rated by Martindale-Hubbell. His expertise is unquestioned.

The Court, in considering the factors set forth in Matter of Potts, 213 AD 59,

aff'd 241 NY 593 and Matter of Freeman, 34 NY2d 1, t9 wit: (a) the time and I

legal services required and spent (b) the difficulties of q~estions involved (c) the skill

required to handle the problems presented and the Guardian ad Litem's

experience, ability and reputation, (d) the nature of the services rendered, (e) the

amount involved, (f) the responsibility involved and (g) the results obtained, sets the

Guardian ad Litem's fee in the sum of $118,312.50 for the representation of his ward

I to be paid from the estate assets.

Submit order.

Dated: September 17, 2019

I [* 3]