Opinion
1:21-cv-729 (GTS)
07-30-2021
Richard B. Applebaum v. Codie B. Southworth and Jeffrey Southworth
ORDER DISMISSING APPEAL
GLENN T. SUDDABY, CHIEF U.S. DISTRICT JUDGE
Upon the attached Certification of the Clerk of the Bankruptcy Court that the Appellant has failed to file with the Clerk a designation of the items to be included in the record on appeal and a statement of the issues to be presented and the time in which to do so having expired with no extension of time given by the U.S. Bankruptcy Court, it is therefore
ORDERED, that the within appeal shall be DISMISSED without further Order of the Court UNLESS within THIRTY (30) DAYS of the date of this Order, the Appellants fully comply with Federal Rules of Bankruptcy Procedure §§ 8003(a)(3)(C) and 8009(a).
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF NEW YORK
In re Codie B Southworth, Debtor(s)
Social Security No(s).: xxx−xx−3011, and all Employer's Tax Identification No(s). [if any], Case No. 18−11922−1−rel
Chapter 7
CERTIFICATION OF NON-COMPLIANCE
TO THE UNITED STATES DISTRICT COURT CLERK FOR THE NORTHERN DISTRICT OF NEW YORK:
I, Cynthia A. Platt, Clerk of the Bankruptcy Court for the Northern District of New York, do hereby certify to the District Judge the following facts:
Fact No. 1: Notice of Appeal was filed on: 6/21/2021.
Fact No. 2: Non-Compliance with Fed.R.Bankr.P. 8009(a)(1)(A) and LBR 8009-1(a) - Appellant failed to provide the document numbers for the designated items at 1, 2, 3, 6, 7 and 8. The clerk is transmitting the properly identified items that were designated at 4, 5, 9 and 10. Non-Compliance with Fed.R.Bankr.P. 8009(b).
Fact No. 3: No extension of time has been granted.
Dated: 7/19/2021