HSBC BANK USA, MTR. OF

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 27, 2013
• Docket: CA 13-00332
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

860 CA 13-00332 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF 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 ORDER SEPTEMBER 7, 2006. -------------------------------------------------- HSBC BANK USA, N.A., PETITIONER-RESPONDENT;

MICHELE T.K. ELY AND GENESEE VALLEY TRUST COMPANY, OBJECTANTS-APPELLANTS.

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.

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.

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