Washington, February 22 – A dispute over a $330 million estate has escalated into a broader conflict over how a New York court operates.
Brandon Bishunauth, 23, is challenging the handling of his late father's estate in the Queens Surrogate's Court. His father, real estate businessman Mohammad Malik, died in February 2023.
Court documents describe the estate as being worth $330 million based on its assessed value.
An investigative report published in January 2025 examined the case and raised questions about political influence within the Queens judicial system. It stated that 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, it was said that partners from the firm make up two-thirds of a party panel that vets judicial candidates.
Bishunauth's appeals filings accuse Surrogate Judge Peter J. Kelly of "Repeated, Purposeful and Knowing" violations of the law. The filings state that Kelly used a "Secret Court Docket" instead of the state's electronic filing system, NYSCEF.
They allege this prevented a January 24, 2024, cross-motion from being uploaded and considered. The filings claim this obstructed "As-of-Right Appeals" and violated due process rights.
According to 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 that 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 appeals filings also claim that notices of motion were refused docketing despite being presented. They argue this prevented proper appellate review.
The case is now 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. The Queens Surrogate's Court has faced criticism in the past over its ties to local political structures.
This case has revived those concerns.