| IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE, JEAN R. KNOX |
| Motion No: CA 11-00030 |
| Slip Opinion No: 2011 NY Slip Op 63026(U) |
| Decided on February 1, 2011 |
| 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00030
| IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE
ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE, JEAN R. KNOX AND HSBC BANK USA, N.A., AS TRUSTEES OF THE TRUST UNDER ARTICLE THIRD OF
THE WILL OF SEYMOUR H. KNOX III, DECEASED, FOR THE PERIOD JULY 16, 1998 TO NOVEMBER 3, 2005. HSBC BANK USA, N.A.,
PETITIONER-APPELLANT, JEAN R. KNOX, W.A. READ KNOX, SEYMOUR H. KNOX, IV, AVERY KNOX, HELEN KEILHOLTZ, DANIEL C. OLIVERIO, AS
GUARDIAN AD LITEM FOR SEYMOUR KNOX V, JOHN CLAYTON KNOX, AND GEORGIA BROWN KNOX, AND BRADLEY J. STAMM, ESQ., AS GUARDIAN
AD LITEM FOR THE UNBORNS, OBJECTANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on February 24, 2010, and for other relief,
Now, upon reading and filing the affirmations of Richard T. Sullivan, Esq. dated December 15, 2010, and January 6, 2011, the notice of motion with proof of service thereof, and the affirmation of Daniel C. Oliverio, Esq. dated December 21, 2010, the affirmation of Dennis P. Cleary, Esq. dated January 5, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appellant shall perfect the appeal on or before March 3, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 1, 2011
Patricia L. Morgan, Clerk