| Bank of New York Mellon v Madoff |
| Motion No: 2025-01889 |
| Slip Opinion No: 2025 NY Slip Op 82335(U) |
| Decided on December 15, 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. |
Appellate Division: Second Judicial Department
M310040
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2025-01889 Bank of New York Mellon, etc., respondent, v Stephanie D. Madoff, et al., defendants, Timothy J. Phillips, appellant. (Index No. 206950/2022)
| DECISION & ORDER ON MOTION |
2025-01893
Bank of New York Mellon, etc., respondent-appellant,
v Stephanie D. Madoff, et al., defendants, Timothy J.
Phillips, appellant-respondent.
(Index No. 206950/2022)
2025-02563
Bank of New York Mellon, etc., appellant,
v Stephanie D. Madoff, et al., defendants,
Timothy J. Phillips, respondent.
(Index No. 206950/2022)
Appeal from two orders of the Supreme Court, Suffolk County, dated November 12, 2024, and September 30, 2024, respectively, and appeal and cross-appeal from a judgment of the same court entered November 4, 2024. The appeal from the order dated November 12, 2024, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By decision and order on application dated November 24, 2025, the appeal from the order dated September 30, 2024, was withdrawn . Motion by the appellant Timothy J. Phillips for leave to appeal from the order dated November 12, 2024, and to consolidate the appeal from the order dated November 12, 2024, with the appeal and cross-appeal from the judgment. Separate motion by the appellant Timothy J. Phillips to grant leave to the defendant Stephanie D. Madoff to intervene on the appeal from the order dated November 12, 2024, and the appeal and cross-appeal from the judgment. Separate motion by the appellant Timothy J. Phillips to dismiss the appeal from the order, dated September 30, 2024. Application by the appellant Timothy J. Phillips to extend the time to perfect the appeal from the judgment.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the judgment is dismissed on the ground that the appellant-respondent is not aggrieved by the judgment (see CPLR 5511); and it is further,
ORDERED that the motion to grant leave to the defendant Stephanie D. Madoff to intervene on the appeal from the order dated November 12, 2024, and the appeal and cross-appeal from the judgment is denied; and it is further,
ORDERED that the motions and the application are otherwise denied as academic.
CONNOLLY, J.P., CHRISTOPHER, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court