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

CA 18-01758
CA 19-01162

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.) ————————————————————— - 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.) ————————————————————— - GRACIA E. CAMPBELL, CLARISSA L. VAIDA, HEATHER B. BYRNE, RESPONDENTS-RESPONDENTS-APPELLANTS. IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A. TRUSTEE, PETITIONER-APPELLANT, 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. ___.) ————————————————————&mdas h;- GRACIA E. CAMPBELL, RESPONDENT-RESPONDENT.

Appellants Melissa C. England, Benjamin K. Campbell, as personal representatives of the Estate of Hazard K. Campbell, Sr., and HSBC Bank USA, N.A. having moved to vacate the dismissal of their appeals taken herein from an order of the Supreme Court, Erie County, entered July 12, 2018, and April 4, 2019, and respondents Gracia W. Campbell, Clarissa L. Vaida, and Heather B. Byrne having cross-moved for an extension of time to file and serve their respondent-appellant brief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that appellants Melissa C. England, Benjamin K. Campbell, as personal representatives of the Estate of Hazard K. Campbell, Sr., and HSBC Bank USA, N.A.'s motion to vacate the dismissal of the appeal taken from the order entered July 12, 2018, is granted on the condition that appellants Melissa C. England, Benjamin K. Campbell, as personal representatives of the Estate of Hazard K. Campbell, Sr., and HSBC Bank USA, N.A. appeals are perfected on or before September 6, 2019, and

It is further ORDERED that appellants Melissa C. England, Benjamin K. Campbell, as personal representatives of the Estate of Hazard K. Campbell, Sr., and HSBC Bank USA, N.A.'s motion to vacate the dismissal of the appeal taken from the order entered April 4, 2019, is dismissed as premature, and

It is further ORDERED that respondents Gracia E. Campbell, Clarissa L. Vaida, and Heather B. Byrne's cross motion is granted and the time to file and serve a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to October 7, 2019.

Entered: July 8, 2019

Mark W. Bennett

Clerk of the Court