GRACIA CAMPBELL FORMERLY KNOWN AS GRACIA FLICKINGER RESPONDENT APPELLANT v. APPEAL NO (2017)

Supreme Court, Appellate Division, Fourth Department.

GRACIA E. CAMPBELL (FORMERLY KNOWN AS GRACIA E.C. FLICKINGER), RESPONDENT–APPELLANT. v. HSBC BANK USA, N.A., PETITIONER–RESPONDENT. (APPEAL NO. 2.)

CA 16–00312

Decided: June 09, 2017

PRESENT: WHALEN, P.J., CENTRA, LINDLEY, TROUTMAN, AND SCUDDER, JJ.

LAWRENCE J. KONCELIK, JR., EAST HAMPTON, FOR RESPONDENT–APPELLANT. BLAIR & ROACH, LLP, TONAWANDA (JOHN P. DEE OF COUNSEL), FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

THE AGREEMENT DATED DECEMBER 20, 1974 AND

RESTATED OCTOBER 19, 1998 AND MODIFIED BY AN

INSTRUMENT DATED DECEMBER 26, 2000,

FOR THE BENEFIT OF GRACIA E. CAMPBELL (FORMERLY

KNOWN AS GRACIA E.C. FLICKINGER), GRANTOR,

FOR THE PERIOD FROM DECEMBER 20, 1974 TO

SEPTEMBER 24, 2011.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating those parts of the second ordering paragraph awarding attorneys' fees and costs and disbursements and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same memorandum as in Matter of HSBC Bank USA, N.A. ( [appeal No. 1] _ AD3d _ [June 9, 2017] ).

Frances E. Cafarell

Clerk of the Court

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