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KENJI MARK HORIUCHI, BEING THE SOLE BENEFICIARY OF THE KENJI MARK IRREVOCABLE TRUST, DATED 7/2/2004, A MEMBER OF KENJI MARK KODY ADAM KYLE LINUS LLC, A DELAWARE LIMITED LIABILITY COMPANY, pet v. KENTARO HORIUCHI AND KENSUKE HORIUCHI, res (11/364382/B) — This is a motion in an accounting proceeding to disqualify Nicholas Damadeo as attorney for Kentaro Horiuchi and Kensuke Horiuchi. The movant is Wendy Tso, the mother of Kenji Horiuchi, Kody Horiuchi and Kyle Horiuchi. Ms. Tso further seeks sanctions, an award of costs and an order referring Mr. Damadeo to the grievance committee. The respondents, in turn, have moved to disqualify Ms. Tso as attorney for her children and for the appointment of a guardian ad litem for the two minor children.

A complete history of this matter is set forth in a prior decision of this court dated September 27, 2012 (Dec Nos. 2789, 27990, 27991). To summarize, Wendy Tso and Kentaro Horiuchi are litigants in a contested divorce proceeding in Supreme Court, Nassau County. They have three children for whom various accounts were established. Before this court are three accounts filed by Kentaro Horiuchi and Kensuke Horiuchi (Kentaro’s father) as trustees of inter vivos trusts for the benefit of the three children.

 
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