The Bank of New York Mellon v. Amelio

Background

Alfonso Amelio removed the case from the Supreme Court of the State of New York, Bronx County, on August 26, 2024. After allowing supplemental briefing, the Court accepted The Bank of New York Mellon’s letter as a motion to dismiss. On June 30, 2025, the Court granted that motion in its entirety, explaining that the time for Amelio to remove the case to federal court had expired more than ten years earlier under 28 U.S.C. § 1446(b)(1).

Reconsideration request

Amelio later requested reconsideration under Federal Rules of Civil Procedure 59(e) and Local Civil Rule 6.3. The Court explained that reconsideration requires a showing such as an intervening change in controlling law, new evidence, or a need to correct clear error or prevent manifest injustice. Local Civil Rule 6.3 also requires the moving party to identify factual matters or controlling precedent that the Court overlooked and that would have changed its decision.

Ruling

Judge Katherine Polk Failla found that Amelio had not identified any overlooked factual matters or controlling precedent that would have changed the Court’s earlier decision. The Court therefore DENIES the motion for reconsideration. The Clerk was directed to terminate the pending motion and mail a copy of the Order to Amelio at his address of record.