To Clean up Corrupt Surrogate Courts, Wake up and Vote

By Errol Louis
New York Daily News
August 14, 2008

Every couple of years, like clockwork, scandal hits New York's Surrogate Courts, which sort out the estates of people who die without a will or leave a will that's unclear or contested.

In the wrong hands, the system lends itself to abuse. The elected surrogates have the power to appoint private attorneys to look after large sums of money.

A rogues' gallery of chiselers and crooks has flocked to the courts over the years, running up bills and draining money that rightfully belongs to the heirs and descendants of the dead.

That's why Manhattan Democrats need to pay attention to the upcoming primary for surrogate.

Most people don't think about the court until the headlines report high-profile cases like Brooke Astor's $132 million estate or the late Leona Helmsley's nutty attempt to leave $12 million to her dog.

But the reality is much less glamorous than those headlines. Last month, Daily News investigative reporter Nancie Katz uncovered a mess in the Bronx, where Surrogate Lee Holzman allowed politically connected lawyers to run up more than $2 million in fees while 37 heirs waited - some for more than a decade - and collected nothing.

To make matters worse, some of the Bronx estate money was improperly placed in risky investments that tanked. Taxpayers may end up covering the $20 million loss.

And then there's Brooklyn, where ex-Surrogate Michael Feinberg was removed from office in 2005 for improperly allowing one of his pals to take excessively high fees from estates of the dead.

The scandals are nothing new. As far back as the 1930s, corruption problems led the city Bar Association to call for the Surrogate's Court to be folded into the general court system - an idea still worth considering. Sen. Robert Kennedy mounted his own reform effort in the 1960s. And 40 years after his death we're still trying to protect widows, orphans and the dead from predatory pols and lawyers.

Which brings us to the Democratic primary for a 14-year term as Manhattan surrogate. All three candidates for the office describe themselves as reformers, although none has a clear claim to that title.

John Reddy, who has worked in the Surrogate's Court for 29 years, was the protégé of a lawyer who got mixed up in a court scandal, but claims he was part of making things better and says "a pro-active surrogate who knows the system can make the court run better."

Nora Anderson, an attorney in private practice, has been running a spirited campaign with the help of campaign manager Michael Oliva, a savvy strategist who has won several insurgent judicial races in recent years.

But Anderson's outsider/reform credentials have taken a serious and perhaps fatal hit in the form of a $225,000 campaign loan from Seth Rubenstein, a Brooklyn trust and estate lawyer with deep family ties to the business (his father served as Brooklyn surrogate in the 1950s, and his grandfather worked in the same court).

Anderson will have to work hard to prove that, if elected, she will not be politically and financially indebted to Rubenstein.

The third candidate, Milton Tingling, is a Supreme Court justice endorsed by Harlem powerbrokers like ex-Mayor David Dinkins and Manhattan Democratic boss Denny Farrell. Tingling also snagged Gary Tilzer, a longtime gadfly and reformer, as a campaign strategist.

"The two other candidates represent firms that have controlled the court for the past 50 years," said Tilzer, who has campaigned against court corruption for decades. "It's not Tammany Hall controlling the Surrogate's Court, it's families and connected friends."

Actually, it's the people who have ultimate control in a democracy. All the more reason Manhattan Dems should think long and hard before picking the leader of a court that has eluded reform for generations.

 

Comments

Reader Girl Aug 14, 2008 9:38:40 PM

Loved the piece, Errol. Great writing.... Notice a common theme between your piece and the following that appeared in Judicial Reports on a civil court race? HMMMMMM...... Show Me the Money By Jesse Sunenblick jsunenblick at judicialstudies dot com Poste: 08-13-08 Two Civil Court campaigns spar over the meaning of campaign money. One claims conniving. The other claims an innocent mistake. Both involve well-regarded Law Secretaries. Is this any way to run a judiciary? * A response from John Reddy's campaign, below, has been added to the original story. In politics, as in business, it takes money to make money. Which is one reason that money mavens in New York judicial campaigns typically have July 15 marked on their calendars. That’s when candidates are first required to file an expenditure report online with the State Board of Elections. Campaigns can gain or lose steam based on the reports, which are aggressively tracked by campaign managers and occasionally

hgltraveling@gmail.com Aug 14, 2008 11:15:53 PM
There is something seriously wrong with Surrogate's Courts and many probate courts in this country. And it is not all the voter's fault. We do not have much say as to who will be the candidate. We do not have much to say about how long they will preside. We do not have anything to say about how much lawyers [such as Seth Rubenstein} will be allowed to contribute to "buying" a judge, and neatly tucking him or her into their pocket. We do not have much to say about how the probate laws are written. LAWYERS DO. We do not have much to say about how the probate laws are written. LAWYERS DO! We do not have anything to say about who the judges hire to be their attorney/referees, LAWYERS AND JUDGES DO. And what is little know about the inner workings of the Surrogate's Courts is that Judges often have little or no real contact with most litigants, the attorney/referees do most of the work, read the papers, draft the Judges Court Orders and most Surrogate's Court judges just rubber stamp.

freddie jackson Aug 25, 2008 2:56:18 PM
The NY Times just endorsed Nora Anderson for Surrogate. This is typical of the Times holier than thou attitude and lack of doing their homework. The Times called Renee Roth "imperious", but at least Roth knows the law. Anderson acts imperious and doesn't know the law as well as Roth. Anderson's law firm has a reputation for extorting money from adversaries and suing clients for higher fees than for those they originally contracted. Knowledgeable people know that Anderson didn't do anything to improve the Surrogate's Court when she was Clerk of the Court. Her campaign has been driven by making false promises that would be out of her jurisdiction and control and by purchasing endorsements from political clubs that are open to bidding. Her campaign rents space from notoriously disbarred attorney, Bernard Cohen, and she has been led through the campaign by the "imperious" retired Surrogate Eve Preminger. Preminger hired her crony, retired Criminal Court Judge Robert Haft, to be the

newsreader100 Aug 27, 2008 7:40:33 PM
John Reddy is the most qualified candidate for Manhattan Surrogate. Check out his web site and read about his plan for court reform and his years of experience. www.reddyforsurrogate.com

newsreader100 Aug 30, 2008 7:07:17 AM
If Seth Rubenstein wanted to be Manhattan Surrogate that badly, why didn't he just run for the office? Instead he buys Nora Anderson for $225,000 and gets to run the court from behind her pretty face. Anyone who thinks that $225,000 loan will be repaid is crazy. That was the cost of buying Nora as a front person. The court will be run Seth Rubenstein. This is clearly corruption before Nora and Seth ever take the bench.

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