Opinion
DOCKET NO. CA 15-01047
07-21-2015
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:
Petitioners having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 5, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Amanda L. Lowe, Esq., sworn to July 7, 2015, the notice of motion with proof of service thereof, and the affirmation of Lawrence J. Koncelik, Jr., Esq., dated July 11, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal from the order entered May 5, 2015, and the appeal is dismissed without further order unless the appeal is perfected on or before September 18, 2015, and
It is further ORDERED that the motion is otherwise denied.
Entered: July 21, 2015
Frances E. Cafarell, Clerk