Opinion
01 Civ. 2799 (WK), (99 B 43382 (CB)), (Adv. Pro. No. 99-8731A)
October 25, 2002
Nichita Marius Bucurescu, Doina M. Bucurescu, New York, NY, For Appellants/Debtors, (pro se).
Lawrence W. Farkas, Gleich, Siegel Farkas, Great Neck, NY, For Appellee.
ORDER
Pro se Appellants Nichita Marius Bucurescu ("Mr. Bucurescu") and Doina M. Bucurescu ("Mrs. Bucurescu") (collectively the "Appellants") have appealed from a default judgment entered against them by the Bankruptcy Court for their failure to comply with that court's discovery order. On October 11, 2002, Appellee 190A Realty Corp. filed a motion to dismiss that appeal on the grounds that: (a) the Appellants have failed to file a brief in compliance with Federal Rules of Bankruptcy Procedure 8007 and 8009 and (b) the Appellants failed, in contravention of Federal Rule of Bankruptcy Procedure 8006, timely to file and serve the designation of items to be included in the record and the statement of issues which were to be presented by this appeal.
Since then, we have received a letter from the Appellants, dated October 17, 2002, wherein they ask for an extension of time in which to submit a response to the Appellee's motion to dismiss. According to Mrs. Bucurescu, Mr. Bucurescu recently underwent open heart surgery and will need at least twelve weeks to recuperate before he can begin to work on such a response. Under these circumstances, we hereby GRANT the Appellants' request for an extension of time. The Appellants may submit their opposition brief (and any accompanying documents) on or before February 14, 2003. The Appellee may thereafter submit a reply brief (and any accompanying documents) on or before March 17, 2003.
In the October 17th letter, Mrs. Bucurescu indicates that the Appellants received the Appellee's motion to dismiss with "surprise." This statement is startling as we specifically informed Mr. Bucurescu that the Appellee intended to file a motion to dismiss the underlying appeal on or before October 11, 2002 (thereby precluding the status conference Mr. Bucurescu had otherwise sought). We caution the Appellants that this Court will not tolerate any misleading statements.
SO ORDERED.