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In re Judicial Settlement of Account of HSBC Bank USA

Supreme Court of New York, Fourth Department

September 27, 2013

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 SEPTEMBER 7, 2006. HSBC BANK USA, N.A., PETITIONER-RESPONDENT; MICHELE T.K. ELY AND GENESEE VALLEY TRUST COMPANY, OBJECTANTS-APPELLANTS.

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.

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.

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

MEMORANDUM AND ORDER

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).


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