Opinion
DOCKET NO. CA 15-01043 DOCKET NO. CA 15-01046 DOCKET NO. CA 15-01047
07-16-2015
IN THE MATTER OF THE APPLICATION OF HSBC BANK USA, N.A.,TRUSTEE, PETITIONER-RESPONDENT, FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE AND FINAL ACCOUNTS AS 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 v. GRACIA E. CAMPBELL, CLARISSA VAIDA, HEATHER BYRNE, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) IN THE MATTER OF THE APPLICATION OF HAZARD K. CAMPBELL, SR. AND HSBC BANK USA, N.A., AS CO-TRUSTEES, PETITIONERS-RESPONDENTS, FOR THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT AS TRUSTEES OF TRUST BY MAJORIE KNOX CAMPBELL, DATED DECEMBER 29, 1934, GRANTOR,FOR THE BENEFIT OF HAZARD K. CAMPBELL, SR., MAJORIE 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. v. GRACIA E. CAMPBELL, CLARISSA VAIDA, HEATHER BYRNE, RESPONDENTS-APPELLANTS.(APPEAL NO. 2.) IN THE MATTER OF THE APPLICATION OF HAZARD K. CAMPBELL, SR. AND HSBC BANK USA, N.A., AS CO-TRUSTEES, PETITIONERS-RESPONDENTS, FOR THE JUDICIAL SETTLEMENT OF THE FIRST INTERMEDIATE ACCOUNT AS TRUSTEES OF TRUST BY MAJORIE 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. v. GRACIA E. CAMPBELL, CLARISSA VAIDA, HEATHER BYRNE, RESPONDENTS-APPELLANTS. (APPEAL NO. 3.)
PRESENT:
Appellants having moved for a stay of all proceedings to enforce orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 5, 2015, pending the hearing and determination of the appeals taken herein,
Now, upon reading and filing the affirmations of Lawrence J. Koncelik, Jr., Esq., dated June 10, 2015, and June 26, 2015, the affidavits of Gracia E. Campbell sworn to June 10, 2015, and June 26, 2015, the notice of motion with proof of service thereof, and the affirmation of Amanda L. Lowe, Esq., dated June 22, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see CPLR 5519 [a]; Sullivan v Trosser Management, Inc., 30 AD3d 1118 [4th Dept 2006]; Kightlinger v Kightlinger, 231 AD2d 969 [4th Dept 1996]; Norcross v Cook, 199 AD2d 1079 [4th Dept 1993]; Chase Lincoln First Bank v M. Shawky El Sawah, 142 AD2d 1005 [4th Dept 1988]).
Entered: July 16, 2015
Frances E. Cafarell, Clerk