PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ.

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

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.)

Appellants Charles Wehle and Henry Wehle having moved to vacate the dismissal of the appeals taken herein from orders of the Monroe County Surrogate's Court entered in the Office of the Clerk of said court on November 26, 2013 (appeal No. 1), and February 14, 2014 (appeal No. 2),

Now, upon reading and filing the affirmation of Mark A. Grannis, Esq., dated May 4, 2015, the notice of motion with proof of service thereof, and the affirmation of A. Vincent Buzard, Esq., dated May 22, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that appellants Charles Wehle and Henry Wehle perfects their appeals on or before July 28, 2015.

Entered: May 29, 2015

Frances E. Cafarell, Clerk