IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT OF HSBC BANK USA, N.A., AS TRUSTEE OF THE TRUST
Motion No: 326-17
Slip Opinion No: 2017 NY Slip Op 79456(U)
Decided on June 30, 2017
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.


June 30, 2017

PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, TROUTMAN, AND SCUDDER, JJ.

MOTION NO. 326-17
DOCKET NO. CA 16-00146
MOTION NO. 331-17
DOCKET NO. CA 16-01627

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE

INTERMEDIATE ACCOUNT OF HSBC BANK USA, N.A.,

AS TRUSTEE OF THE TRUST UNDER AGREEMENT DATED

JANUARY 21, 1957, SEYMOUR H. KNOX, GRANTOR, FOR

THE BENEFIT OF THE ISSUE OF SEYMOUR H. KNOX, III, FOR

THE PERIOD JANUARY 21, 1957 TO NOVEMBER 3, 2005.

(PROCEEDING NO. 1.)



IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE

ACCOUNT OF HSBC BANK USA, N.A., AS TRUSTEE OF THE TRUST

UNDER AGREEMENT DATED JANUARY 21, 1957, SEYMOUR H. KNOX,

GRANTOR, FOR THE BENEFIT OF THE ISSUE OF SEYMOUR H. KNOX, III,

FOR THE PERIOD NOVEMBER 4, 2005 TO JUNE 25, 2012.

(PROCEEDING NO. 2.)

——————————————————————& mdash;———

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE

ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE, JEAN R. KNOX,

AND HSBC BANK USA, N.A., AS TRUSTEES OF THE TRUST UNDER

ARTICLE THIRD OF THE WILL OF SEYMOUR H. KNOX, III,

DECEASED, FOR THE PERIOD JULY 16, 1998 TO NOVEMBER 3, 2005.

(PROCEEDING NO. 3.)

——————————————————————& mdash;———

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE

ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE, JEAN R. KNOX,

AND HSBC BANK USA, N.A., AS TRUSTEES OF THE TRUST UNDER

ARTICLE THIRD OF THE WILL OF SEYMOUR H. KNOX, III,

DECEASED, FOR THE PERIOD NOVEMBER 4, 2005 TO SEPTEMBER 4,

2012.

(PROCEEDING NO. 4.)

——————————————————————& mdash;———

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE

INTERMEDIATE ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE,

JEAN R. KNOX AND HSBC BANK USA, N.A., AS TRUSTEES OF THE

TRUST UNDER ARTICLE SEVENTH OF THE WILL OF SEYMOUR H. KNOX, III,

DECEASED, FOR THE BENEFIT OF JEAN R. KNOX (MARITAL

TRUST) FOR THE PERIOD JUNE 3, 1996 TO NOVEMBER 3, 2005.

(PROCEEDING NO. 5.)

——————————————————————& mdash;———-


IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE

ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE, JEAN R. KNOX

AND HSBC BANK USA, N.A., AS TRUSTEES OF THE TRUST UNDER

ARTICLE SEVENTH OF THE WILL OF SEYMOUR H. KNOX, III,

DECEASED, FOR THE BENEFIT OF JEAN R. KNOX (MARITAL TRUST)

FOR THE PERIOD NOVEMBER 4, 2005 TO JANUARY 31, 2013.

(PROCEEDING NO. 6.)

——————————————————————& mdash;———

HSBC BANK USA, N.A., PETITIONER-APPELLANT;

W.A. READ KNOX, SEYMOUR H. KNOX, IV, AVERY KNOX,

HELEN KNOX KEILHOLTZ AND JEAN READ KNOX,

OBJECTANTS-RESPONDENTS.

(APPEAL NO. 1.)

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE

ACCOUNTS OF HSBC BANK USA, N.A., AS TRUSTEE OF THE TRUST UNDER

AGREEMENT DATED JANUARY 21, 1957, SEYMOUR H. KNOX, GRANTOR,

FOR THE BENEFIT OF THE ISSUE OF SEYMOUR H. KNOX, III, FOR THE

PERIOD JANUARY 21, 1957 TO NOVEMBER 3, 2005, AND NOVEMBER 4, 2005

TO JUNE 25, 2012.

——————————————————————& mdash;———-

HSBC BANK USA N.A., PETITIONER-APPELLANT,

V

SEYMOUR H. KNOX, IV, W.A. READ KNOX, AVERY KNOX, HELEN KNOX

KEILHOLTZ, OBJECTANTS-RESPONDENTS, AND AURORA KNOX, RESPONDENT.

(APPEAL NO. 2.)


Objectants Seymour H. Knox, IV, W.A. Read Knox, Avery Knox, and Helen Knox Keihholtz having moved for reargument of the orders of this Court entered April 28, 2017, in both appeals, or, in the alternative, leave to appeal to the Court of Appeals the order entered April 28, 2017, in appeal No. 2,

Now, upon reading and filing the affidavit of Linda Lalli Stark, Esq., sworn to June 6, 2017, the notice of motion with proof of service thereof, and the affirmation of Richard T. Sullivan, Esq., dated June 15, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 30, 2017

Frances E. Cafarell, Clerk