| IN THE MATTER OF THE PETITION OF W.A. READ KNOX UNDER THE SEYMOUR H. KNOX TRUST AGREEMENT OF JANUARY 21, 1957 IN ORDER |
| Motion No: CA 16-00147 |
| Slip Opinion No: 2016 NY Slip Op 64029(U) |
| Decided on February 5, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00147
| IN THE MATTER OF THE PETITION OF W.A. READ KNOX UNDER THE SEYMOUR H.
KNOX TRUST AGREEMENT OF JANUARY 21, 1957 IN ORDER TO COMPEL DISTRIBUTION: HSBC BANK USA, N.A. (AS SUCCESSOR TO THE MARINE TRUST
COMPANY OF WESTERN NEW YORK), AS TRUSTEE UNDER THE SEYMOUR H. KNOX TRUST AGREEMENT DATED JANUARY 21, 1957. W.A.
READ KNOX, PETITIONER-RESPONDENT; HSBC BANK USA, N.A., RESPONDENT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on July 14, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Allison M. Bozinski, Esq., dated January 22, 2016, the notice of motion with proof of service thereof, and the affirmation of Richard T. Sullivan, Esq., dated January 29, 2016, 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 April 5, 2016.
Entered: February 5, 2016
Frances E. Cafarell, Clerk