Bank of New York Mellon v Hutter
Motion No: 2024-06323
Slip Opinion No: 2025 NY Slip Op 79420(U)
Decided on October 29, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M308938

AFA/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2024-06323, 2025-10034

Bank of New York Mellon, respondent,

v Nance Martelli Hutter, etc., appellant,

et al., defendants.

(Index No. 52869/2020)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Westchester County, dated December 15, 2023, and an order and judgment (one paper) of the same court dated June 26, 2025. Motion by the appellant pro se to consolidate the appeals, in effect, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment, and to file a supplemental record containing the order and judgment.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, and on or before November 28, 2025, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2025-10034 in addition to Appellate Division Docket No. 2024-06323 on the covers, and the appellant shall serve and file, via NYSCEF, a replacement record which contains the order and judgment and the notice of appeal from the order and judgment and Appellate Division Docket No. 2025-10034 in addition to Appellate Division Docket No. 2024-06323 on the cover.

DUFFY, J.P., DOWLING, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court