| 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: 2016 NY Slip Op 92916(U) |
| Decided on November 29, 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., CENTRA, CARNI, LINDLEY, AND DEJOSEPH, 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, AND HEATHER BYRNE,
RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) IN THE MATTER OF THE APPLICATION MELISSA C. ENGLAND AND BENJAMIN K. CAMPBELL, AS
PERSONAL REPRESENTATIVES OF THE ESTATE OF HAZARD K. CAMPBELL, SR., DECEASED, AND HSBC BANK USA, N.A., AS CO-TRUSTEES,
PETITIONERS-RESPONDENTS, FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT AS TRUSTEES OF TRUST BY MARJORIE KNOX CAMPBELL,
DATED DECEMBER 29, 1934, GRANTOR, FOR THE BENEFIT OF HAZARD K. CAMPBELL, SR., MARJORIE 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.
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mdash;———— GRACIA E. CAMPBELL, CLARISSA VAIDA, AND HEATHER BYRNE, RESPONDENTS-APPELLANTS. (APPEAL NO.
2.) IN THE MATTER OF THE APPLICATION MELISSA C. ENGLAND AND BENJAMIN K. CAMPBELL, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF
HAZARD K. CAMPBELL, SR., DECEASED, 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 MARJORIE 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.
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mdash;———- GRACIA E. CAMPBELL, CLARISSA VAIDA, AND HEATHER BYRNE, (APPEAL NO.
3.) |
Petitioners-respondents having moved to substitute Melissa C. England and Benjamin K. Campbell as personal representatives of the estate of Hazard K. Campbell, Sr., deceased, on appeal Nos. 2 and 3 taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Erie on May 5, 2015, and to schedule the appeals for oral argument,
Now, upon reading and filing the affidavit of Amanda L. Lowe, Esq., sworn to November 4, 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 Melissa C. England and Benjamin K. Campbell are substituted as personal representatives of the estate of Hazard K. Campbell, Sr., deceased, in appeal Nos. 2 and 3, and
It is further ORDERED that these three appeals are to be heard together during the term of this Court commencing April 3, 2017.
Entered: November 29, 2016
Frances E. Cafarell, Clerk