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In the Matter of the Judicial Settlement of The Intermediate

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


June 19, 2012

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT OF HSBC BANK USA, N.A. AS TRUSTEE OF THE TRUST UNDER AGREEMENT DATED JANUARY 21, 1957, SEYMOUR H. KNOX, GRANTOR, FOR THE BENEFIT OF THE ISSUE OF SEYMOUR H. KNOX, III FOR THE PERIOD JANUARY 21, 1957 TO NOVEMBER 3, 2005.
HSBC BANK USA, N.A.,
PETITIONER-APPELLANT; W.A. READ KNOX, SEYMOUR H. KNOX, IV, AVERY KNOX, HELEN KEILHOLTZ, AND DANIEL C. OLIVERIO, AS GUARDIAN AD LITEM FOR SEYMOUR H. KNOX, V, JOHN CLAYTON KNOX, AND GEORGIA BROWN KNOX, OBJECTANTS-RESPONDENTS. (PROCEEDING NO. 1.)
IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE, AND JEAN R. KNOX AND HSBC BANK USA, N.A., AS TRUSTEES OF THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF SEYMOUR H. KNOX, III, DECEASED, FOR THE BENEFIT OF JEAN R. KNOX (MARITAL TRUST) FOR THE PERIOD JUNE 3, 1996 TO NOVEMBER 3, 2005. HSBC BANK USA, N.A., PETITIONER-APPELLANT; JEAN R. KNOX, W.A. READ KNOX, SEYMOUR H. KNOX, IV, AVERY KNOX AND HELEN KEILHOLTZ, OBJECTANTS-RESPONDENTS. (PROCEEDING NO. 2.) IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT OF HSBC BANK USA, N.A. AND SEYMOUR H. KNOX, IV, AS TRUSTEES OF THE TRUST UNDER AGREEMENT DATED DECEMBER 23, 1975 AND RESTATED AUGUST 15, 1990 FOR THE BENEFIT OF SEYMOUR H. KNOX, IV, ET AL., SEYMOUR H. KNOX, IV, GRANTOR FOR THE PERIOD DECEMBER 23, 1975 TO NOVEMBER 3, 2005. HSBC BANK USA, N.A., PETITIONER-APPELLANT; SEYMOUR H. KNOX, IV, OBJECTANT-RESPONDENT. (PROCEEDING NO. 3.) (APPEAL NO. 1.)

Appeal from an order of the Surrogate's Court, Erie County (Barbara Howe, S.), entered March 10, 2011.

New York Supreme and/or Appellate Courts Appellate Division, Fourth Department

Matter of Hsbc Bank Usa, N.A.

Decided on June 19, 2012

, J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND LINDLEY, JJ.

OPINION AND

The order granted objectants' motions for guardian ad litem fees, attorneys' fees and expenses.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Opinion by Scudder, P.J., as in HSBC Bank USA, N.A. v Knox ([appeal No. 2] ___ AD3d ___ [June 19, 2012]). Entered: June 19, 2012 Frances E. Cafarell Clerk of the Court

20120619

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