| 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 11-00041 |
| Slip Opinion No: 2011 NY Slip Op 63031(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 11-00041
| 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 19, 1990 FOR THE
BENEFIT OF SEYMOUR H. KNOX V, SEYMOUR H. KNOX III, GRANTOR, FOR PERIOD [FROM] DECEMBER 19, 1990 TO NOVEMBER 3, 2005. HSBC BANK USA, N.A.,
PETITIONER-APPELLANT, DANIEL C. OLIVERIO, AS GUARDIAN AD LITEM FOR SEYMOUR H. KNOX V,
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 affirmations of Richard T. Sullivan, Esq. dated December 14, 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, 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