IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A., GRACIA M. CAMPBELL (FORMERLY KNOWN AS GRACIA C. FLICKINGER)
Motion No: CA 16-00311
Slip Opinion No: 2016 NY Slip Op 90314(U)
Decided on October 31, 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.


October 31, 2016

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 NORTHRUP 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 for an extension of time to perfect 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, Esq., dated October 13, 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 appellant shall perfect the appeals on or before November 30, 2016, and, in the event of failure to so perfect, the appeals hereby dismissed without further order.

Entered: October 31, 2016

Frances E. Cafarell, Clerk