| IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A. TRUSTEE, , FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE AND |
| Motion No: CA 18-01758 |
| Slip Opinion No: 2019 NY Slip Op 66011(U) |
| Decided on March 20, 2019 |
| 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, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 18-01758
| IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A. TRUSTEE,
PETITIONER-APPELLANT-RESPONDENT, FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE AND FINAL ACCOUNTS OF 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. (PROCEEDING NO. 1.) IN THE MATTER OF THE APPLICATION OF MELISSA C.
ENGLAND AND BENJAMIN K. CAMPBELL, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF HAZARD K. CAMPBELL, SR., AND HSBC BANK USA,
N.A., CO-TRUSTEES, PETITIONERS-APPELLANTS-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.
(PROCEEDING NO. 2.)
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IN THE MATTER OF THE APPLICATION OF MELISSA C. ENGLAND AND BENJAMIN K. CAMPBELL, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF
HAZARD K. CAMPBELL, SR., AND HSBC BANK USA, N.A., CO-TRUSTEES, PETITIONERS-APPELLANTS-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. (PROCEEDING
NO. 3.)
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GRACIA E. CAMPBELL, CLARISSA L. VAIDA, HEATHER B. BYRNE, RESPONDENTS-RESPONDENTS-APPELLANTS. |
Petitioners having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 12, 2018, and respondents Gracia E. Campbell, Clarissa L. Vaida and Heather B. Byrne having applied for an extension of time to perfect the cross appeal taken from the same order,
Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,
It is hereby ORDERED that petitioners' application is granted, and petitioners shall perfect their appeal on or before May 16, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondents' application is granted to the extent that respondents file and serve a brief on the appeal and cross appeal on or before June 17, 2019, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: March 20, 2019
Mark W. Bennett, Clerk