Matter of HSBC Bank USA
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Matter of Hsbc Bank Usa
2013 NY Slip Op 06126
Released on September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
860 CA 13-00332 IN THE MATTER OF THE JUDICIAL SETTLEMENT OF
[*1]THE ACCOUNT OF HSBC BANK USA (FORMERLY MARINE MIDLAND BANK) AND FRANKLIN J. ELY (DECEASED), AS CO-TRUSTEES UNDER ARTICLE 6A OF THE WILL OF JAMES ELY FOR JAMES ELY, JR., DECEASED, FOR THE PERIOD COVERING MAY 31, 1968 TO SEPTEMBER 7, 2006. HSBC BANK USA, N.A., PETITIONER-RESPONDENT; MICHELE T.K. ELY AND GENESEE VALLEY TRUST COMPANY, OBJECTANTS-APPELLANTS.
Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered September 25, 2012. The order granted the motion of petitioner for summary judgment dismissing all objections to an amended accounting.
BOND, SCHOENECK & KING, PLLC, ROCHESTER (GREGORY J. MCDONALD OF COUNSEL), FOR OBJECTANTS-APPELLANTS.
HODGSON RUSS LLP, BUFFALO (KEVIN M. KEARNEY OF COUNSEL), FOR PETITIONER-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate (Matter of HSBC Bank USA [Ely], 37 Misc 3d 875, 2012 NY Slip Op 22284).
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
860 CA 13-00332 IN THE MATTER OF THE JUDICIAL SETTLEMENT OF
[*1]THE ACCOUNT OF HSBC BANK USA (FORMERLY MARINE MIDLAND BANK) AND FRANKLIN J. ELY (DECEASED), AS CO-TRUSTEES UNDER ARTICLE 6A OF THE WILL OF JAMES ELY FOR JAMES ELY, JR., DECEASED, FOR THE PERIOD COVERING MAY 31, 1968 TO SEPTEMBER 7, 2006. HSBC BANK USA, N.A., PETITIONER-RESPONDENT; MICHELE T.K. ELY AND GENESEE VALLEY TRUST COMPANY, OBJECTANTS-APPELLANTS.
Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered September 25, 2012. The order granted the motion of petitioner for summary judgment dismissing all objections to an amended accounting.
BOND, SCHOENECK & KING, PLLC, ROCHESTER (GREGORY J. MCDONALD OF COUNSEL), FOR OBJECTANTS-APPELLANTS.
HODGSON RUSS LLP, BUFFALO (KEVIN M. KEARNEY OF COUNSEL), FOR PETITIONER-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate (Matter of HSBC Bank USA [Ely], 37 Misc 3d 875, 2012 NY Slip Op 22284).
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
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