Matter of HSBC Bank USA, N.A. (Knox)
2020 NY Slip Op 03367 [184 AD3d 1208]
June 12, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2020


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 In the Matter of HSBC Bank USA, N.A., as Trustee, Appellant-Respondent, for the Judicial Settlement of the Intermediate and Final Accounts as Trustees of the 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 Melissa C. England et al., as Personal Representatives of the Estate of Hazard K. Campbell, Sr., Deceased, et al., as Co-Trustees, Appellants-Respondents, for the Judicial Settlement of the Intermediate Account as Trustees of the Trust by Marjorie Knox Campbell, Dated December 29, 1934, Grantor, for the Benefit of Hazard K. Campbell, Sr., and Others, 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 Melissa C. England et al., as Personal Representatives of the Estate of Hazard K. Campbell, Sr., Deceased, et al., as Co-Trustees, Appellants-Respondents, for the Judicial Settlement of the First Intermediate Account as Trustees of the 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 et al., Respondents-Appellants. (Appeal No. 1.)

Phillips Lytle LLP, Buffalo (Amanda L. Lowe of counsel), for petitioners-appellants-respondents.

Lawrence J. Koncelik, Jr., East Hampton, for respondents-respondents- appellants.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 12, 2018. The order, inter alia, allocated attorneys' fees and costs among the various trusts.

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051, 1051 [4th Dept 1990]). Present—Centra, J.P., Carni, Lindley, Curran and Winslow, JJ.