Opinion
06 CV 1645 (VM).
March 12, 2007
DECISION AND ORDER
Appellant Jack J. Grynberg ("Grynberg") has brought this action pursuant to 28 U.S.C. § 158, seeking to appeal a judgment of the United States Bankruptcy Court for the Southern District of New York. On February 13, 2007, the Court ordered that the action be stayed pending a decision by Judge Holwell on the issue of whether the Bankruptcy Court abused its discretion in denying Grynberg's motion, brought pursuant to Fed.R.Bankr.P. 8002(c), seeking an extension of time in which to file a notice of appeal. On March 2, 2007, Judge Holwell affirmed the Bankruptcy Court's order denying Grynberg's 8002(c) motion. As a consequence of the decision by Judge Holwell, Grynberg's appeal is untimely, and this Court lacks jurisdiction to conduct any further appellate review of this case. See Twins Roller Corp. v. Roxy Roller Rink Joint Venture, 70 B.R. 308, 310 (S.D.N.Y. 1987) ("Failure to file timely a notice of appeal within the meaning of Bankruptcy Rule 8002 bars appellate review."); French Bourekas Inc. v. Turner, 199 B.R. 807, 813 (E.D.N.Y. 1996) ("The failure to file a notice of appeal within the ten-day period is a jurisdictional defect, which requires dismissal of the appeal.").
Accordingly, it is hereby
ORDERED that the motion of appellee Enron Corp. (Docket No. 5) to dismiss the appeal of appellant Jack J. Grynberg is GRANTED.
The Clerk of Court is directed to close this case.