MATTER OF ESTHER RACHEL HERSH, DECEASED. ESTHER RACHEL HERSH, res; MARK HERSH ap — (FILE NO. 4035/07)In a probate proceeding in which the executor of the estate of George Hersh petitioned pursuant to SCPA 2103 for certain discovery, Mark Hersh, Frant Hotel, LLC, Main Street Liberty, LLC, 229 West 109th Street Realty Corp., G.M. Canmar Residence Corp., G.M. Beverly Corp., and Breman Capital Corp. appeal from so much of an order of the Surrogate’s Court, Queens County (Kelly, S.), entered June 6, 2012, as denied that branch of their motion which was for a protective order relieving Mark Hersh of the obligation of executing authorizations providing for the release of documents maintained by Elmar Realty, LLC, JGM Realty, LLC, and West Colonial Enterprises, LLC, in connection with an order of the same court dated November 18, 2010, directing his deposition.
ORDERED that the order entered June 6, 2012, is modified, on the law, by deleting the provision thereof denying that branch of the motion of Mark Hersh, Frant Hotel, LLC, Main Street Liberty, LLC, 229 West 109th Street Realty Corp., G.M. Canmar Residence Corp., G.M. Beverly Corp., and Breman Capital Corp. which was for a protective order relieving Mark Hersh of the obligation of executing authorizations providing for the release of documents maintained by Elmar Realty, LLC, JGM Realty, LLC, and West Colonial Enterprises, LLC, and substituting therefor a provision granting that branch of the motion to the extent that Mark Hersh shall be required to execute authorizations only with respect to those documents maintained by Elmar Realty, LLC, JGM Realty, LLC, and West Colonial Enterprises, LLC, that relate to the management and operation of those entities by Mark Hersh, and otherwise denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.