IN THE MATTER OF JP MORGAN CHASE BANK, N.A. (SUCCESSOR BY MERGER TO THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO
Motion No: CA 14-01604
Slip Opinion No: 2015 NY Slip Op 70295(U)
Decided on April 13, 2015
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.


April 13, 2015

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

DOCKET NO. CA 14-01604
DOCKET NO. CA 14-01605
DOCKET NO. CA 14-01606
DOCKET NO. CA 14-01754

IN THE MATTER OF JP MORGAN CHASE BANK, N.A. (SUCCESSOR BY

MERGER TO THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO

CHASE LINCOLN FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN

FIRST BANK, N.A.) (SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK

OF ROCHESTER) (FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST

COMPANY), AS TRUSTEE UNDER THE TRUST AGREEMENT DATED MAY 23, 1932

BY ALVAH G. STRONG, DECEASED AND PURSUANT TO THE EXERCISE OF THE

POWER OF APPOINTMENT UNDER PARAGRAPH NINTH OF THE WILL OF

MARJORIE H. STRONG, DECEASED, FOR THE BENEFIT OF MARJORIE STRONG

WEHLE, DECEASED (WHO DIED JANUARY 8, 2004),

PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 1.)



IN THE MATTER OF JP MORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH 22(b)(4) OF THE WILL OF ALVAH G. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 2.)

——————————————————————& mdash;——-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A.(SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH FOURTH OF THE WILL OF ALVAH G. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 3.)

——————————————————————& mdash;——-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A.(SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH TENTH OF THE WILL OF MARJORIE H. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 4.)

——————————————————————& mdash;——-

CHARLES WEHLE AND HENRY WEHLE,

OBJECTANTS-RESPONDENTS-APPELLANTS.

(APPEAL NO. 1.)

IN THE MATTER OF JP MORGAN CHASE BANK, N.A. (SUCCESSOR BY MERGER

TO THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE

LINCOLN FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST

BANK, N.A.) (SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF

ROCHESTER) (FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY),

AS TRUSTEE UNDER THE TRUST AGREEMENT DATED MAY 23, 1932 BY ALVAH

G. STRONG, DECEASED AND PURSUANT TO THE EXERCISE OF THE POWER OF

APPOINTMENT UNDER PARAGRAPH NINTH OF THE WILL OF MARJORIE H.

STRONG, DECEASED, FOR THE BENEFIT OF MARJORIE STRONG WEHLE,

DECEASED (WHO DIED JANUARY 8, 2004),

PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 1.)

——————————————————————& mdash;———-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER

TO THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE

LINCOLN FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST

BANK, N.A.) (SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF

ROCHESTER) (FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY),

AS TRUSTEE UNDER PARAGRAPH 22(b)(4) OF THE WILL OF ALVAH G. STRONG,

DECEASED, FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO

DIED JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 2.)

——————————————————————& mdash;——-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A.(SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH FOURTH OF THE WILL OF ALVAH G. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 3.)

——————————————————————& mdash;——-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A.(SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH TENTH OF THE WILL OF MARJORIE H. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 4.)

——————————————————————& mdash;——-

CHARLES WEHLE AND HENRY WEHLE,

OBJECTANTS-RESPONDENTS-APPELLANTS.

(APPEAL NO. 2.)

IN THE MATTER OF JP MORGAN CHASE BANK, N.A. (SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER THE TRUST AGREEMENT DATED MAY 23, 1932 BY ALVAH G. STRONG,

DECEASED AND PURSUANT TO THE EXERCISE OF THE POWER OF

APPOINTMENT UNDER PARAGRAPH NINTH OF THE WILL OF MARJORIE H.

STRONG, DECEASED, FOR THE BENEFIT OF MARJORIE STRONG WEHLE,

DECEASED (WHO DIED JANUARY 8, 2004),

PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 1.)

——————————————————————& mdash;———-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH 22(b)(4) OF THE WILL OF ALVAH G. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 2.)

——————————————————————& mdash;——-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A.(SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH FOURTH OF THE WILL OF ALVAH G. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 3.)

——————————————————————& mdash;——-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A.(SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH TENTH OF THE WILL OF MARJORIE H. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 4.)

——————————————————————& mdash;——-

CHARLES WEHLE AND HENRY WEHLE,

OBJECTANTS-RESPONDENTS-APPELLANTS.

(APPEAL NO. 3.)

IN THE MATTER OF JP MORGAN CHASE BANK, N.A. (SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER THE TRUST AGREEMENT DATED MAY 23, 1932 BY ALVAH G. STRONG,

DECEASED AND PURSUANT TO THE EXERCISE OF THE POWER OF

APPOINTMENT UNDER PARAGRAPH NINTH OF THE WILL OF MARJORIE H.

STRONG, DECEASED, FOR THE BENEFIT OF MARJORIE STRONG WEHLE,

DECEASED (WHO DIED JANUARY 8, 2004),

PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 1.)

——————————————————————& mdash;———-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH 22(b)(4) OF THE WILL OF ALVAH G. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 2.)

——————————————————————& mdash;——-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A.(SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH FOURTH OF THE WILL OF ALVAH G. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 3.)

——————————————————————& mdash;——-

IN THE MATTER OF JP MORGAN CHASE BANK, N.A.(SUCCESSOR BY MERGER TO

THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.)

(SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE

UNDER PARAGRAPH TENTH OF THE WILL OF MARJORIE H. STRONG, DECEASED,

FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED

JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 4.)

——————————————————————& mdash;——-

CHARLES WEHLE AND HENRY WEHLE,

OBJECTANTS-RESPONDENTS-APPELLANTS.

(APPEAL NO. 4.)


Petitioner JP Morgan Chase Bank, N.A. having moved to for an extension of time to file and serve a reply brief on the appeals taken herein from orders and a judgment of the Monroe County Surrogate's Court entered in the Office of the Clerk of said court on November 26, 2013 (appeal No.1 ), February 14, 2014 (appeal No. 2), and April 21, 2014 (appeal Nos. 3 and 4),

Now, upon reading and filing the affirmation of Laura W. Smalley, Esq., dated March 24, 2015, the notice of motion with proof of service thereof, and the affirmation of Mark A. Grannis, Esq., dated March 24, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered March 12, 2015, is hereby amended by deleting the date March 30, 2015, and inserting in its place the date April 22, 2015.

Entered: April 13, 2015

Frances E. Cafarell, Clerk