ESTATE OF MILDRED THERESA OTERI, a/k/a MILDRED OTERI, a/k/a MILDRED T. OTERI, Deceased. (15/3329) — Mildred Theresa Oteri, a/k/a Mildred Oteri, a/k/a Mildred T. Oteri (decedent) died testate on March 3,2009, survived by three children, Steven M. Oteri (Oteri), Diane Oteri-Harkins (Oteri-Harkins) and Donna Ferguson (Ferguson). The decedent’s last will and testament dated October 24, 2005 (the will) was admitted to probate by the Surrogate’s Court of Queens County on August 24, 2009 and letters testamentary were issued on that date to Oteri-Harkins and Ferguson as co-executors. Since that time, the decedent’s three children have been embroiled in acrimonious and prolific litigation even though they are equal beneficiaries under the will. Despite being appointed co-executors, Oteri-Harkins and Ferguson have clashed over the estate’s administration, including the distribution of assets and Ferguson’s retention of her own fiduciary counsel, Shawn O’Connor, Esq. (O’Connor).
Oteri-Harkins petitioned the Surrogate’s Court of Queens County to judicially settle her account as co-executor, and filed an account for the period of March 30, 2009 through November 30, 2011. A citation was issued and made returnable on March 8, 2012. Oteri-Harkins sought additional relief, namely i) that Ferguson be denied executor’s commissions, ii) that the accounting fees of Joseph Licata, CPA, be approved by the court, iii) that the legal fees of O’Connor as attorney for Donna Ferguson be denied, iv) that Oteri-Harkins’s attorneys’ fees be approved, and v) that Oteri-Harkins be reimbursed for certain expenditures. In addition, Oteri had filed a discovery proceeding that was also returnable on March 8, 2012. Subsequent to that date, the parties appeared at a conference at the Surrogate’s Court of Queens County on June 21, 2012, and stipulated to a disclosure schedule.