The following numbered papers were used on the petition and cross-motion: NYSCEF Document Numbers 1-65. For a Judgment Pursuant to Article 75 of the Civil Practice Law and Rules DECISION ORDER & JUDGMENT Upon the foregoing papers, having heard oral argument, and due deliberation having been had, the within matter, an Article 75 proceeding to confirm what is described as an arbitration award of Rabbi Y.M. Blasbalg dated December 23, 20221, is determined as follows. This special proceeding concerns an intrafamily dispute over the substantial assets of the deceased Michael Tenenbaum (Michael) and his wife Pola Tenenbaum (Pola). In December 1989, prior to their deaths, they created the Michael and Pola Tenenbaum Trust (Trust) as a means to dispose of their assets and provide for their children and their families, i.e., the descendants of Michael and Pola. Much of their assets were comprised of interests in nursing homes and the realty leased to nursing homes, and the profits therefrom. The Trust was an integral component of their testamentary plan, which included a will. The Trust encompassed five equal subtrusts, one for each of their five children: Morris Tenenbaum (Morris), Rachel Bergman (Rachel), Bella Davis (Bella), Helen Sieger (Helen), and Briendy Melnicke (Briendy). Each of the siblings was a Trustee under the Trust and the subtrusts. Of the original Trustees, only Morris and Briendy are still alive. Rachel passed away in 2012 and appointed her son-in-law Israel Tyberg (Israel) as her successor Trustee. Bella passed away in 2015 and appointed her daughter Denise Davis Roz (Denise) as her successor Trustee. Helen passed away in 2011, estranged from her family, and did not appoint a successor Trustee. Morris, Israel, and Denise are the petitioners herein, and referred to in some of the papers as “Side A.” Briendy is the respondent herein, and referred to in some of the papers as “Side B.”2 (See NYSCEF Doc Nos. 1, petition
4-9; 15, Melnicke aff
