Opinion
09 Civ. 8857 (RWS).
April 14, 2010
Pro Se, MAC TRUONG, New York, NY.
Attorney for Appellees, JEFFREY L. SAPIR, White Plains, NY, HELLRING, LINDEMAN, GOLDSTEIN SIEGAL, LLP, Newark, NJ, By: Richard B. Honig, Esq.
OPINION
The appellant Mac Truong ("Appellant" or "Truong") was directed by order of this court to file his brief on November 18, 2009.
By order of November 25, 2009 the appeal was dismissed no brief having been filed and no application for an extension having been filed or recorded on the docket.
On December 3, 2009 a motion to vacate the dismissal and reinstate the appeal was made and on Demceber 8, 2009 it was made returnable on January 27, 2010.
No grounds for failure to comply with the scheduling order having been established, the motion to vacate the dismissal and reinstate the appeal is denied.
It is so ordered.