| 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 79792(U) |
| Decided on July 21, 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. |
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 15-01043
| 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.) |
Petitioner having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 5, 2015, on the ground that appellants failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affidavit of Amanda L. Lowe, Esq., sworn to July 7, 2015, the notice of motion with proof of service thereof, and the affirmation of Lawrence J. Koncelik, Esq., dated July 11, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal from the order entered May 5, 2015, and the appeal is dismissed without further order unless the appeal is perfected on or before September 18, 2015, and
It is further ORDERED that the motion is otherwise denied.
Entered: July 21, 2015
Frances E. Cafarell, Clerk