Opinion
Argued October 1, 2001.
November 5, 2001.
In a contested accounting proceeding, the petitioner, Robert L. Kaufman, as surviving trustee of the trust u/w/o Joseph B. Kaufman, appeals, as limited by his brief, from so much of an order of the Surrogate's Court, Kings County (Feinberg, S.), dated July 3, 2000, as granted the motion of the income beneficiary, Lynne Atlas-Wittkin, to direct him to make a distribution of trust income to her to the extent of directing him to distribute the sum of $75,000.
Herrick, Feinstein, LLP, New York, N.Y. (Scott E. Mollen and John P. Sheridan of counsel), for appellant.
Seth Rubenstein, P.C., Brooklyn, N.Y. (Nora S. Anderson of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, there is no basis to disturb the Surrogate's award of interim relief to the income beneficiary pending the resolution of a related probate proceeding (see, Matter of Huber v. Mones, 243 A.D.2d 633; Matter of Barenholtz, 201 A.D.2d 305; Matter of Sommer, 199 A.D.2d 273).
RITTER, J.P., FLORIO, FEUERSTEIN and CRANE, JJ., concur.