Surrogate Declines to Seal File from Public Access

In Matter of Goldman, 21 Misc 3d 1138(A), 2008 NY Slip Op 52419(U) (Sur. Ct. New York Co. 2008), the Executors of the Estate of Sol Goldman sought to seal the file relating to settlement of the third intermediate account of the executors. In support of the request the executors cited a 1992 order of the Appellate Division which directed sealing of the record in a proceeding to compel an interim distribution from this estate, and a 1994 order of a prior Surrogate allowing sealing of papers in related proceedings "to the extent they contain confidential information concerning inventories or valuation of estate property." In support of the current application the Executors claimed that the importance of keeping the financial information under seal has not changed.

In denying the application to seal the record, the Court first noted the strong public policy in favor of access to judicial records and that the Executors have have not met their burden, finding that they have alleged no facts from which any harm to the estate can be inferred, much less harm that outweighs the importance of public access to the files. The 1992 and 1994 sealing orders on which they rely are found distinguishable from the present circumstances in that the motion papers in support of the 1992 order detailed the specific danger to the estate of disseminating its then current financial status; the 1994 order expressly referred to confidential inventories and valuations. In the current accounting proceeding, however, the files contain no appraisals or inventories.

The Court noted that it was certainly not evident on its face that disclosure of 21 year old valuations would cause any harm to the estate, whether significant, concrete, or otherwise.