IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE ACCOUNT OF HSBC BANK U.S.A. AS TRUSTEE UNDER AGREEMENT OF JESSE T.
Motion No: CA 09-00987
Slip Opinion No: 2009 NY Slip Op 74785(U)
Decided on June 8, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


June 8, 2009

DOCKET NO. CA 09-00987

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE ACCOUNT OF

HSBC BANK U.S.A., RESPONDENT-RESPONDENT, AS TRUSTEE UNDER

AGREEMENT OF JESSE T. LITTLETON DATED 3/21/60 FOR JOSEPH

COOK LITTLETON, FOR THE PERIOD COVERING OCTOBER 7, 1966 TO

DECEMBER 16, 2002.



BARBARA A. LITTLETON, NANCY JO DRUM,

WILLIAM JOHN LITTLETON, MARGARET A. SPIES,

PETITIONERS-APPELLANTS;

CLOVER DRINKWATER AND SAYLES & EVANS,

RESPONDENTS-RESPONDENTS.


Respondents having moved to dismiss the appeal taken from a decree of the Steuben County Surrogate's Court entered in the Office of the Clerk of said Court on February 13, 2009, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Thomas B. Cronmiller dated May 11, 2009, the affirmation of Candace M. Curran dated May 21, 2009, the notices of motion with proof of service thereof, the opposing affirmation of Mitchell T. Williams dated May 29, 2009,

It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 7, 2009.

Entered: June 8, 2009

Patricia L. Morgan, Clerk