Opinion
Civil Action No. 12-cv-1596-AP
10-24-2012
In re: PATRICIA EVANS Debtor. PATRICIA EVANS, Appellant, v. THE BANK OF NEW YORK, Appellee.
Judge John L. Kane
ORDER DENYING MOTION TO DISMISS AND EXTENDING
TIME FOR MERITS BRIEFING
Judge John L. Kane ORDERS
The Bank of New York's Motion to Dismiss Debtor's (pro se) Appeal as Untimely (Doc. 17) is DENIED. While Ms. Evans's notice of appeal filed after the order appealed may not have been "effective" until after the bankruptcy court's ruling on her motion for its reconsideration, it is effective now and I decline to dismiss her appeal on the rather hypertechnical grounds asserted.
The Bank's request for a 10 day extension of time in which to file its Response on the merits of Ms. Evans's appeal is GRANTED, and the Response is due on or before November 5, 2012. Ms. Evans shall have to December 3, 2012, to file her Reply.
John L. Kane
SENIOR U.S. DISTRICT JUDGE