HSBC Bank USA v Viverito
Motion No: 2024-12287
Slip Opinion No: 2026 NY Slip Op 61928(U)
Decided on February 6, 2026
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

M311114

ID/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2024-12287, 2024-12288

HSBC Bank USA, National Association,

etc., respondent, v Thomas A. Viverito, etc.,

appellant, et al., defendants.

(Index No. 614517/2023)

DECISION & ORDER ON MOTION

2025-07943

HSBC Bank USA, National Association,

etc., respondent, v Thomas A. Viverito, etc.,

appellant, et al., defendants.

(Index No. 614517/2023)

Appeals from two orders of the Supreme Court, Suffolk County, both dated September 24, 2024, and an order and judgment (one paper) of the same court dated April 22, 2025. Motion by the appellant, inter alia, in effect, to consolidate the appeals from the orders, with the appeal from 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 branch of the motion which is to consolidate the appeals from the orders, with the appeal from the order and judgment, is granted, the appeals are consolidated, the record and briefs filed in connection with the appeals from the orders, are deemed also to be filed in connection with the appeal from the order and judgment, on or before March 9, 2026, the parties shall serve and file, via NYSCEF, replacement briefs and a replacement record which contain Appellate Division Docket No. 2025-07943 in addition to Appellate Division Docket Nos. 2024-12287 and 2024-12288 on the covers, and on or before March 9, 2026 the appellant shall serve and file, via NYSCEF, a supplemental brief containing any points of argument in connection with the appeal from the order and judgment, and a supplemental record which contains any papers constituting the record on appeal from the order and judgment that are not already contained in the record filed in connection with the appeal from the orders; and it is further,

ORDERED that the motion is otherwise denied.

CONNOLLY, J.P., CHRISTOPHER, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court