IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT OF HSBC BANK USA, N.A. AND SEYMOUR H. KNOX IV, AS
Motion No: CA 11-00038
Slip Opinion No: 2011 NY Slip Op 63028(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.


February 1, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00038

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE

INTERMEDIATE ACCOUNT OF HSBC BANK USA, N.A. AND

SEYMOUR H. KNOX IV, AS TRUSTEES OF THE TRUST UNDER

AGREEMENT DATED DECEMBER 23, 1975 AND RESTATED

AUGUST 15, 1990 FOR THE BENEFIT OF SEYMOUR H. KNOX IV,

ET AL., SEYMOUR H. KNOX IV, GRANTOR FOR THE PERIOD

DECEMBER 23, 1975 TO NOVEMBER 3, 2005.

HSBC BANK USA, N.A., PETITIONER-APPELLANT,

SEYMOUR H. KNOX, IV, OBJECTANT-RESPONDENT.


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 affirmation of Richard T. Sullivan, Esq. dated December 14, 2010, the notice of motion with proof of service thereof, and 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