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MATTER OF KROLL (SCHREIBER)

2012-369907

41 Misc.3d 954 (2013)

971 N.Y.S.2d 863

2013 NY Slip Op 23333

In the Matter of ALAN D. KROLL et al., as Co-Trustees under a Certain Minor's Trust Agreement Created by MOSES RATOWSKY for the Benefit of DANIEL SCHREIBER and Dated December 17, 1992, for Approval to Exercise a Power of Appointment over Trust Assets to the SCHREIBER FAMILY IRREVOCABLE TRUST for the Benefit Of DANIEL SCHREIBER Pursuant to § 10-6.6 of the Estates, Powers and Trusts Law of the State of New York.

Surrogate's Court, Nassau County.

Decided September 30, 2013.

Attorney(s) appearing for the Case

Berwitz & DiTata, LLP, Garden City ( Lawrence N Berwitz of counsel), for petitioner. William A. Doherty , Floral Park, guardian ad litem. Eric T Schneiderman , Attorney General, Mineola ( Dorothy Oehler Nese of counsel), objectant. John Ciampoli , County Attorney, Uniondale ( Daniel S. McLane of counsel), for Nassau County Department of Social Services. Social Security Administration, Office of the General Counsel, Chief Counsel, Region II, New York City.

OPINION OF THE COURT

EDWARD W. McCARTY III, S.

Before the court is a petition pursuant to EPTL 10-6.6 (j) (1) seeking the court's approval of the transfer of assets (decanting) from an existing lifetime trust (the invaded trust) to a new supplemental needs trust (the appointed trust) for the primary benefit of Daniel Schreiber, the intended beneficiary of the invaded trust. The guardian ad litem appointed to represent

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