Opinion
06-09-2017
In the Matter of the Application of HSBC BANK USA, N.A., Gracia M. Campbell (formerly known as Gracia C. Flickinger) and Gracia E. Campbell, as Trustees, For the Judicial Settlement of the Intermediate and Final Accounts as Trustees of Trust under the Agreement dated December 20, 1974 and Restated October 19, 1998 and Modified by an Instrument dated December 26, 2000, For the Benefit of Gracia E. Campbell (formerly known as Gracia E.C. Flickinger), Grantor, For the Period from December 20, 1974 to September 24, 2011. Gracia E. Campbell (formerly known as Gracia E.C. Flickinger), respondent-appellant. v. HSBC Bank USA, N.A., Petitioner–Respondent. (Appeal No. 2.).
Lawrence J. Koncelik, Jr., East Hampton, for respondent-appellant. Blair & Roach, LLP, Tonawanda (John P. Dee of Counsel), for petitioner-respondent.
Lawrence J. Koncelik, Jr., East Hampton, for respondent-appellant.
Blair & Roach, LLP, Tonawanda (John P. Dee of Counsel), for petitioner-respondent.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating those parts of the second ordering paragraph awarding attorneys' fees and costs and disbursements and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same memorandum as in Matter of HSBC Bank USA, N.A. (Appeal No. 1) –––A.D.3d ––––, ––– N.Y.S.3d ––––, 2017 WL 2491460 (June 9, 2017).
WHALEN, P.J., CENTRA, LINDLEY, TROUTMAN, and SCUDDER, JJ., concur.