In Matter of Bank of N.Y. Mellon (127 AD3d 120, 4 NYS3d 204 [1st Dept 2015] [Countrywide]), the Appellate Division of this Department recently considered a petition, pursuant to CPLR Article 77, for "judicial instructions and approval of a proposed settlement" by an RMBS trustee of its claims against the securitizer and servicer of the trusts. (Countrywide verified petition, caption; see also 127 AD3d at 124.) In elucidating the standard of review, the Court held that: "the ultimate issue for determination . . . is whether the trustee's discretionary power was exercised reasonably and in good faith. It is not the task of the court to decide whether we agree with the trustee's judgment; rather, our task is limited to ensuring that the trustee has not acted in bad faith such that his conduct constituted an abuse of discretion." (Id. at 125 .) In approving the settlement, the Court cited the facts that the "the trustee acted within its authority throughout the process, and there is no indication that it was acting in self-interest or in the interests of BofA rather than those of the certificateholders." (Id. at 126.) The Court also considered the trustee's reliance on the advice of counsel, reasoning: "Importantly, if a trustee has selected trust counsel prudently and in good faith, and has relied on plausible advice on a matter within counsel's expertise, the trustee's conduct is significantly probative of prudence. . . . Court approval of the settlement does not require that the court agree with counsel's judgment or assessment; all that is required is a determination that it was reasonable for the trustee to rely on counsel's expert judgment." (Id.)