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

DOCKET NO. CA 16-00311
DOCKET NO. CA 16-00312

IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A., GRACIA M. CAMPBELL (FORMERLY KNOWN AS GRACIA C. FLICKINGER) AND NORTHRUPT R. KNOX, AS TRUSTEES, PETITIONERS-RESPONDENTS, FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE AND FINAL ACCOUNTS AS TRUSTEES OF TRUST UNDER THE AGREEMENT DATED SEPTEMBER 16, 1977, FOR THE BENEFIT OF CLARISSA L. VAIDA (FORMERLY KNOWN AS CLARISSA L. VIMMERSTEDT), GRANTOR, FOR THE PERIOD FROM SEPTEMBER 22, 1977 TO SEPTEMBER 24, 2011. CLARISSA L. VAIDA (FORMERLY KNOWN AS CLARISSA L. VIMMERSTEDT), RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A., GRACIA M. CAMPBELL (FORMERLY KNOWN AS GRACIA C. FLICKINGER) AND GRACIA E. CAMPBELL, AS TRUSTEES, PETITIONERS-RESPONDENTS, FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE AND FINAL ACCOUNTS AS TRUSTEES OF TRUST UNDER THE AGREEMENT DATED DECEMBER 20, 1974 AND RESTATED OCTOBER 18, 1998 AND MODIFIED BY AN INSTRUMENT DATED DECEMBER 26, 2000, FOR THE BENEFIT OF GRACIA E. CAMPBELL (FORMERLY KNOWN AS GRACIA E. C. FLICKINGER), GRANTOR, FOR THE PERIOD FROM DECEMBER 20, 1974 TO SEPTEMBER 24, 2011. ——————————————————————& mdash;———- GRACIA E. CAMPBELL (FORMERLY KNOWN AS GRACIA E. C. FLICKINGER), RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 22, 2015,

Now, upon reading and filing the affirmation of Lawrence J. Koncelik, Jr., Esq., dated February 24, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the orders entered December 22, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: April 7, 2016

Frances E. Cafarell, Clerk