Narrative Opinion Summary
An appeal was made regarding an order from the Surrogate’s Court in Erie County, which had granted HSBC Bank USA (formerly Marine Midland Bank) and the deceased Frank J. Ely summary judgment to dismiss objections to an amended accounting of the estate of James Ely, Jr. The period in question for the accounting covered from May 31, 1968, to September 7, 2006. Michele T.K. Ely and Genesee Valley Trust Company were the objectants and appellants. The appellate division, consisting of Justices Scudder, Peradotto, Carni, Valentino, and Whalen, upheld the Surrogate’s Court decision, affirming the dismissal of objections without costs, referencing the reasoning provided in the Surrogate's decision. The case citation is Matter of HSBC Bank USA [Ely, 37 Misc 3d 875, 2012 NY Slip Op 22284]. The order was entered on September 27, 2013.
Legal Issues Addressed
Appellate Review of Surrogate’s Court Decisionssubscribe to see similar legal issues
Application: The appellate division reviewed the Surrogate’s Court decision and upheld the ruling, affirming the dismissal of objections to the estate accounting based on the lower court’s reasoning.
Reasoning: The appellate division, consisting of Justices Scudder, Peradotto, Carni, Valentino, and Whalen, upheld the Surrogate’s Court decision, affirming the dismissal of objections without costs, referencing the reasoning provided in the Surrogate's decision.
Cost Implications in Appellate Decisionssubscribe to see similar legal issues
Application: The appellate division affirmed the Surrogate’s Court decision without imposing costs, indicating the appellants were not required to pay the legal fees of the respondents.
Reasoning: The appellate division, consisting of Justices Scudder, Peradotto, Carni, Valentino, and Whalen, upheld the Surrogate’s Court decision, affirming the dismissal of objections without costs, referencing the reasoning provided in the Surrogate's decision.
Summary Judgment in Estate Accounting Disputessubscribe to see similar legal issues
Application: The court granted summary judgment in favor of HSBC Bank USA and the deceased Frank J. Ely, dismissing objections to the amended accounting of the estate, indicating that the objections lacked sufficient merit to warrant a trial.
Reasoning: An appeal was made regarding an order from the Surrogate’s Court in Erie County, which had granted HSBC Bank USA (formerly Marine Midland Bank) and the deceased Frank J. Ely summary judgment to dismiss objections to an amended accounting of the estate of James Ely, Jr.