IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL ACCOUNT OF JPMORGAN CHASE BANK N.A. AS TRUSTEE OF THE TRUST
Motion No: CA 14-00062
Slip Opinion No: 2014 NY Slip Op 63257(U)
Decided on February 4, 2014
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 4, 2014

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

DOCKET NO. CA 14-00062

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE FINAL

ACCOUNT OF JPMORGAN CHASE BANK N.A., PETITIONER-RESPONDENT,

AS TRUSTEE OF THE TRUST CREATED UNDER THE LAST WILL AND

TESTAMENT OF LUCY GAIR GILL, DECEASED, DATED OCTOBER 26,

21975, FOR THE BENEFIT OF MARY GILL ROBY, ET AL.,



ELIZABETH LEE ROBY, KATHRYN STARR ROBY JOHNSON,

AND WILLIAM S. ROBY, III, ET AL., RESPONDENTS-APPELLANTS.


Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Monroe County Surrogate's Court entered in the Office of the Clerk of said court on October 7, 2013, on the ground that respondents-appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Meghan K. McGuire, Esq., received January 9, 2014, the notice of motion with proof of service thereof, the affidavit of William S. Roby, Esq., sworn to January 21, 2014, and the stipulation of Stephanie T. Seiffert, Esq., and William S. Roby, Esq., and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 6, 2014.

Entered: February 4, 2014

Frances E. Cafarell, Clerk