Opinion
11-20-2015
In the Matter of JP MORGAN CHASE BANK, N.A. (Successor by Merger to the Chase Manhattan Bank) (Successor by Merger to Chase Lincoln First Bank, N.A.) (Successor in Interest to Lincoln First Bank, N.A. ) (Successor by Consolidation to Lincoln First Bank of Rochester) (Formerly Known as Lincoln Rochester Trust Company), as Trustee Under the Trust Agreement Dated May 23, 1932 by Alvah G. Strong, Deceased and Pursuant to the Exercise of the Power of Appointment Under Paragraph Ninth of the Will of Marjorie H. Strong, Deceased, for the Benefit of Marjorie Strong Wehle, Deceased (Who Died January 8, 2004), Petitioner–Appellant–Respondent. (Proceeding No. 1.)In the Matter of JP Morgan Chase Bank, N.A. (Successor by Merger to the Chase Manhattan Bank) (Successor by Merger to Chase Lincoln First Bank, N.A.) (Successor in Interest to Lincoln First Bank, N.A. ) (Successor by Consolidation to Lincoln First Bank of Rochester) (Formerly Known as Lincoln Rochester Trust Company), as Trustee Under Paragraph 22(B)(4) of the Will of Alvah G. Strong, Deceased, for the Benefit of Marjorie Strong Wehle, Deceased (Who Died January 8, 2004), Petitioner–Appellant–Respondent. (Proceeding No. 2.)In the Matter of JP Morgan Chase Bank, N.A. (Successor by Merger to the Chase Manhattan Bank) (Successor by Merger to Chase Lincoln First Bank, N.A.) (Successor in Interest to Lincoln First Bank, N.A. ) (Successor by Consolidation to Lincoln First Bank of Rochester) (Formerly Known as Lincoln Rochester Trust Company), as Trustee Under Paragraph Fourth of the Will of Alvah G. Strong, Deceased, for the Benefit of Marjorie Strong Wehle, Deceased (Who Died January 8, 2004), Petitioner–Appellant–Respondent. (Proceeding No. 3.)In the Matter of JP Morgan Chase Bank, N.A. (Successor by Merger to the Chase Manhattan Bank) (Successor by Merger to Chase Lincoln First Bank, N.A.) (Successor in Interest to Lincoln First Bank, N.A. ) (Successor by Consolidation to Lincoln First Bank of Rochester) (Formerly Known as Lincoln Rochester Trust Company), as Trustee Under Paragraph Tenth of the Will of Marjorie H. Strong, Deceased, for the Benefit of Marjorie Strong Wehle, Deceased (Who Died January 8, 2004), Petitioner–Appellant–Respondent. (Proceeding No. 4.).Charles Wehle and Henry Wehle, Objectants–Respondents–Appellants. (Appeal No. 1.).
Harris Beach PLLC, Pittsford (A. Vincent Buzard of Counsel), for Petitioner–Appellant–Respondent. Harris, Wiltshire & Grannis LLP, Washington, D.C. (Mark A. Grannis of Counsel), for Objectants–Respondents–Appellants.
Harris Beach PLLC, Pittsford (A. Vincent Buzard of Counsel), for Petitioner–Appellant–Respondent.
Harris, Wiltshire & Grannis LLP, Washington, D.C. (Mark A. Grannis of Counsel), for Objectants–Respondents–Appellants.
Opinion
It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs (see Hughes v. Nussbaumer, Clarke & Velzy, 140 A.D.2d 988, 529 N.Y.S.2d 658; Chase Manhattan Bank, N.A. v. Roberts & Roberts, 63 A.D.2d 566, 567, 404 N.Y.S.2d 608; see also CPLR 5501[a][1] ).
CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, and DeJOSEPH, JJ., concur.