IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A., TRUSTEE FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE AND

IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A., TRUSTEE FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE AND

Motion No: CA 15-01043

Slip Opinion No: 2015 NY Slip Op 79762(U)

Decided on July 16, 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.

July 16, 2015

PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, AND VALENTINO, JJ.

DOCKET NO. CA 15-01043
DOCKET NO. CA 15-01046
DOCKET NO. CA 15-01047

IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A.,
TRUSTEE, PETITIONER-RESPONDENT,
FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE AND FINAL
ACCOUNTS AS TRUSTEES OF TRUST BY GRACE M. KNOX DATED
DECEMBER 26, 1934, GRANTOR,
FOR THE BENEFIT OF GRACIA M. CAMPBELL (FORMERLY KNOWN AS
GRACIA C. FLICKINGER),
FOR THE PERIOD FROM AUGUST 15, 1971 TO JUNE 15, 2012

GRACIA E. CAMPBELL, CLARISSA VAIDA, HEATHER BYRNE,
RESPONDENTS-APPELLANTS.
(APPEAL NO. 1.)
IN THE MATTER OF THE APPLICATION OF HAZARD K. CAMPBELL, SR.
AND HSBC BANK USA, N.A., AS CO-TRUSTEES, PETITIONERS-RESPONDENTS,
FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT AS
TRUSTEES OF TRUST BY MAJORIE KNOX CAMPBELL, DATED DECEMBER 29,
1934, GRANTOR,
FOR THE BENEFIT OF HAZARD K. CAMPBELL, SR., MAJORIE K. CAMPBELL
AND GRACIA M. CAMPBELL
FOR THE PERIODS FROM DECEMBER 29, 1934 TO NOVEMBER 5, 1972 AND
NOVEMBER 5, 1972 TO SEPTEMBER 24, 2011.
——————————————————————& mdash;——————————————————-
GRACIA E. CAMPBELL, CLARISSA VAIDA, HEATHER BYRNE,
RESPONDENTS-APPELLANTS.
(APPEAL NO. 2.)
IN THE MATTER OF THE APPLICATION OF HAZARD K. CAMPBELL, SR.
AND HSBC BANK USA, N.A., AS CO-TRUSTEES, PETITIONERS-RESPONDENTS,
FOR THE JUDICIAL SETTLEMENT OF THE FIRST INTERMEDIATE ACCOUNT AS
TRUSTEES OF TRUST BY MAJORIE K.C. KLOPP, DATED OCTOBER 11, 1961,
GRANTOR,
FOR THE BENEFIT OF THE ISSUE OF GRACIA M. CAMPBELL (FORMERLY
KNOWN AS GRACIA C. FLICKINGER)
FOR THE PERIOD FROM OCTOBER 11, 1961 TO MAY 9, 2012.
——————————————————————& mdash;——————————————————-
GRACIA E. CAMPBELL, CLARISSA VAIDA, HEATHER BYRNE,
RESPONDENTS-APPELLANTS.
(APPEAL NO. 3.)

Appellants having moved for a stay of all proceedings to enforce orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 5, 2015, pending the hearing and determination of the appeals taken herein,

Now, upon reading and filing the affirmations of Lawrence J. Koncelik, Jr., Esq., dated June 10, 2015, and June 26, 2015, the affidavits of Gracia E. Campbell sworn to June 10, 2015, and June 26, 2015, the notice of motion with proof of service thereof, and the affirmation of Amanda L. Lowe, Esq., dated June 22, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied (see CPLR 5519 [a]; Sullivan v Trosser Management, Inc., 30 AD3d 1118 [4th Dept 2006]; Kightlinger v Kightlinger, 231 AD2d 969 [4th Dept 1996]; Norcross v Cook, 199 AD2d 1079 [4th Dept 1993]; Chase Lincoln First Bank v M. Shawky El Sawah, 142 AD2d 1005 [4th Dept 1988]).

Entered: July 16, 2015

Frances E. Cafarell, Clerk