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MATTER OF HSBC BANK USA, NA

323 CA 09-02136.

72 A.D.3d 1515 (2010)

899 N.Y.S.2d 777

In the Matter of the Judicial Settlement of the Account of HSBC BANK USA, NA, as Successor Executor of EDWARD MAKOWSKI, Deceased, Respondent. In the Matter of the Judicial Settlement of the Accounts of DAVID DALE, as Executor of EDWARD MAKOWSKI, Deceased, Appellant. In the Matter of the Application for Removal of the Executor of EDWARD MAKOWSKI, Deceased. In the Matter to Compel the Fiduciary to Account in the Estate of EDWARD MAKOWSKI, Deceased.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 30, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed with costs.

Memorandum: David Dale, the executor of decedent's estate before HSBC Bank USA, NA (HSBC) became the successor executor, appeals from an order denying his request for the issuance of a proposed decree that would, inter alia, "exonerate[]" him in connection with a prior order removing him as executor based on "his failure to provide an adequate interim accounting" (Matter of...

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