IN RE: JP MORGAN CHASE BANK

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Supreme Court, Appellate Division, Fourth Department.

IN RE: JP MORGAN CHASE BANK, N.A. (SUCCESSOR BY MERGER TO THE CHASE MANHATTAN BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO LINCOLN FIRST BANK, N.A.) (SUCCESSOR BY CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER) (FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST COMPANY), AS TRUSTEE UNDER THE TRUST AGREEMENT DATED MAY 23, 1932 BY ALVAH G. STRONG, DECEASED AND PURSUANT TO THE EXERCISE OF THE POWER OF APPOINTMENT UNDER PARAGRAPH NINTH OF THE WILL OF MARJORIE H. STRONG, DECEASED , FOR THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO DIED JANUARY 8, 2004), PETITIONER–APPELLANT–RESPONDENT.

CA 14–01605

Decided: November 20, 2015

PRESENT:  CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ. HARRIS BEACH PLLC, PITTSFORD (A. VINCENT BUZARD OF COUNSEL), FOR PETITIONER–APPELLANT–RESPONDENT. HARRIS, WILTSHIRE & GRANNIS LLP, WASHINGTON, D.C. (MARK A. GRANNIS OF COUNSEL), FOR OBJECTANTS–RESPONDENTS–APPELLANTS.

ORDER

(PROCEEDING NO. 1.)

-RESPONDENT.

(PROCEEDING NO. 2.)

-RESPONDENT.

(PROCEEDING NO. 3.)

-RESPONDENT.

(PROCEEDING NO. 4.)

CHARLES WEHLE AND HENRY WEHLE,

OBJECTANTS–RESPONDENTS–APPELLANTS.

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs (see Hughes v. Nussbaumer, Clarke & Velzy, 140 A.D.2d 988;  Chase Manhattan Bank, N.A. v. Roberts & Roberts, 63 A.D.2d 566, 567;  see also CPLR 5501[a][1] ).

Frances E. Cafarell

Clerk of the Court