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MTR OF AOKI v. AOKI

No. 28.

27 N.Y.3d 32 (2016)

49 N.E.3d 1156

29 N.Y.S.3d 864

2016 NY Slip Op 02474

In the Matter of KEVIN AOKI et al., Petitioners, v. ECHO AOKI et al., Respondents, DEVON AOKI et al., Respondents, and KEIKO ONO AOKI, Appellant.

Court of Appeals of New York.

Decided March 31, 2016.

Attorney(s) appearing for the Case

Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. ( Seth P. Waxman , of the District of Columbia bar, admitted pro hac vice, Daniel S. Volchok , of the District of Columbia bar, admitted pro hac vice, Adam I. Klein , and Thomas G. Sprankling , of the District of Columbia bar, admitted pro hac vice, of counsel), and Wilmer Cutler Pickering Hale and Dorr LLP, New York City ( Alan E. Schoenfeld of counsel), for appellant.

Pryor Cashman LLP, New York City ( David C. Rose and Andrew M. Goldsmith of counsel), for respondents.

Lauro Law Firm, New York City ( John F. Lauro of counsel), for Alex Long and another, amici curiae.

MoloLamken LLP, Washington, D.C. ( Lauren M. Weinstein of counsel), for Geoffrey C. Hazard, Jr., amicus curiae.

Chief Judge DIFIORE and Judges ABDUS-SALAAM, FAHEY and GARCIA concur; Judge STEIN dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

This appeal involves a challenge to the validity of two partial releases of testamentary powers of appointment executed by the decedent Hiroaki (Rocky) Aoki, the founder of the Benihana restaurant chain. The Appellate Division's order declaring the partial releases valid should be affirmed.

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