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MATTER OF AOKI

2604/08, 7231.

99 A.D.3d 253 (2012)

948 N.Y.S.2d 597

2012 NY Slip Op 5600

In the Matter of the Estate of ROCKY H. AOKI, Also Known as HIROAKI AOKI, Deceased. KEIKO ONO AOKI, Respondent; KANA AOKI NOOTENBOOM et al., Appellants, et al., Objectant, et al., Respondents.

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

July 17, 2012.

Attorney(s) appearing for the Case

Holland & Knight LLP, New York City ( Brian P. Corrigan , Joseph P. Sullivan , Faith L. Carter and Charles F. Gibbs of counsel,) for appellants.

Rosenberg Feldman Smith, LLP, New York City ( Richard B. Feldman , Michael H. Smith and McKenzie A. Livingston of counsel,) for Keiko Ono Aoki, respondent.

DEGRASSE, FREEDMAN, RICHTER and ROMÁN, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

Children of the late restauranteur Rocky Aoki contest those provisions of his will bequeathing to his wife, petitioner Keiko Ono Aoki, all of decedent's global interest in the Benihana restaurants and franchises held by his wholly-owned corporation, Benihana of Tokyo, Inc. (BOT), a major owner of the shares of the publicly-traded Benihana, Inc. Chiefly, Kana, Kevin, Echo and Kyle Aoki (objectants) contend that the will should...

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