Opinion
No. 05-17031.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed February 28, 2007.
Beverly Aiello, San Francisco, CA, pro se.
Frank Aiello, San Mateo, CA, pro se.
Lynn Trinka Ernce, Esq., Orrick Herrington Sutcliffe, LLP, Sacramento, CA, Jack Vincent Valinoti, Esq., Leland Parachini Steinberg Matzger Melnick LLP, San Francisco, CA, for Appellees.
Appeal from the United States District Court for the Eastern District of California; David F. Levi, District Judge, Presiding. D.C. No. CV-05-00094-DFL.
Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Frank R. Aiello appeals pro se from the district court's order denying his motion to reconsider its order dismissing his bankruptcy appeal for lack of jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 158(d). "The timeliness of a notice of appeal is a question of law which we review de novo." Delaney v. Alexander (In re Delaney), 29 F.3d 516, 517 (9th Cir. 1994) (per curiam). The denial of a motion for reconsideration is reviewed for an abuse of discretion. Arrow Electronics, Inc. v. Justus (In re Kaypro), 218 F.3d 1070, 1073 (9th Cir. 2000). We affirm.
It is undisputed that Aiello failed to file a notice of appeal within the 10-day period mandated by Fed.R.Bankr.P. 8002(a). This requirement is strictly construed. See Greene v. United States (In re Souza), 795 F.2d 855, 857 (9th Cir. 1986). The district court did not abuse its discretion in denying Aiello's motion for reconsideration because Aiello did not file any document that could be construed as a proper or timely motion for an extension of time to file the notice of appeal. See Fed.R.Bankr.P. 8002(c)(2) ("A request to extend the time for filing a notice of appeal must be made by written motion filed before the time for filing a notice of appeal has expired, except that such a motion filed not later than 20 days after the expiration of the time for filing a notice of appeal may be granted upon a showing of excusable neglect.").
Aiello's remaining contentions lack merit.