Washington, Feb 22 A fight over a $330 million estate has turned into a broader clash over how a New York court operates.
Brandon Bishunauth, 23, is challenging the handling of his late father’s estate in Queens Surrogate’s Court. His father, real estate businessman Mohammad Malik, died in February 2023.
Court papers describe the estate as worth $330 million based on assessed value.
An investigative report published in January 2025 examined the case and raised questions about political influence in Queens judicial circles. It said the law firm Sweeney, Reich & Bolz has long played a role in selecting judges in the borough.
The report noted that in Queens, the local Democratic Party does not use an independent screening panel. Instead, partners from the firm are said to make up two-thirds of a party panel that vets judicial candidates.
Bishunauth’s appellate filings accuse Surrogate Judge Peter J. Kelly of “Repeated, Purposeful and Knowing” violations of law. The filings say Kelly used a “Secret Court Docket” instead of the state’s electronic filing system, NYSCEF.
They allege this blocked a January 24, 2024, cross-motion from being uploaded and considered. The filings say this obstructed “As-of-Right Appeals” and violated due process rights.
Under Malik’s 2023 will, Bishunauth was left $25,000. Most of the estate was left to his sister, Yasmin Malik.
Under New York law, if the wills are invalidated, the estate could pass to the son.
Bishunauth argues that a December 5, 2023, proceeding resulted only in what he calls “an agreement to agree”. He says key conditions were not met before a decree granting probate was issued.
Joint affidavits filed by his mother, aunt, and uncle say the judge imposed what they describe as “Judicial Lifetime Gag Orders” on non-parties present in court. They say these orders were imposed before any final written settlement was signed.
The appellate filings also claim that notices of motion were refused docketing despite being presented. They argue this prevented proper appellate review.
The case now sits before the Appellate Division, Second Department. The court must decide whether the decree and sealing order stand and whether any procedural violations occurred.
Surrogate’s Courts in New York handle wills and estate disputes. Queens Surrogate’s Court has faced criticism in the past over its ties to local political structures.
This case has revived those concerns.
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