Opinion
Case No. 18-CV-6456
03-18-2020
BRIAN B. CORRIETTE, Appellant, v. SCHON ENTERPRISES, INC, Appellee.
Appearances: For the Appellant: AUDREY A. THOMAS 245-07 Francis Lewis Boulevard Rosedale, New York 11422 For the Appellee: SCOTT A. BRODY Brody, O'Connor, O'Connor, Esqs. 535 Eighth Avenue, Suite 1401 New York, New York 10018
MEMORANDUM AND ORDER Appearances:
For the Appellant:
AUDREY A. THOMAS
245-07 Francis Lewis Boulevard
Rosedale, New York 11422 For the Appellee:
SCOTT A. BRODY
Brody, O'Connor, O'Connor, Esqs.
535 Eighth Avenue, Suite 1401
New York, New York 10018 BLOCK, Senior District Judge :
Brian B. Corriette appealed the bankruptcy court's order granting Schon Enterprises, Inc., relief from the automatic stay. However, he subsequently moved to voluntarily dismiss his bankruptcy petition. The motion was granted and Corriette obviously did not appeal the dismissal order.
The automatic stay lasts only while the bankruptcy case is pending. See 11 U.S.C. § 362(c)(2); In re Walerstein, 2008 WL 795327, at *2 (E.D.N.Y. 2008) ("Pursuant to Section 362, any automatic stay would have terminated upon dismissal of the case."). Therefore, Corriette's appeal seeking to reimpose the stay is moot. See In re Income Prop. Builders, Inc., 699 F.2d 693, 964 (9th Cir. 1982) ("Once the bankruptcy was dismissed, a bankruptcy court no longer had power to order the stay or to award damages allegedly attributable to its vacation. A remand by us to the bankruptcy court would therefore be useless."). The appeal is dismissed.
SO ORDERED.
/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge Brooklyn, New York
March 18, 2020