09-4069-bk
In Re: B.A.R. Entertainment Management, Inc.
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
R ULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT . C ITATION TO A SUMMARY ORDER FILED ON OR AFTER J ANUARY 1,
2007, IS PERMITTED AND IS GOVERNED BY F EDERAL R ULE OF A PPELLATE P ROCEDURE 32.1 AND THIS COURT ’ S L OCAL R ULE 32.1.1.
W HEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT , A PARTY MUST CITE EITHER THE F EDERAL A PPENDIX OR AN
ELECTRONIC DATABASE ( WITH THE NOTATION “ SUMMARY ORDER ”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON
ANY PARTY NOT REPRESENTED BY COUNSEL .
1 At a stated term of the United States Court of Appeals
2 for the Second Circuit, held at the Daniel Patrick Moynihan
3 United States Courthouse, 500 Pearl Street, in the City of
4 New York, on the 15 th day of November, two thousand and ten.
5
6 PRESENT: B ARRINGTON D. P ARKER,
7 R ICHARD C. W ESLEY,
8 Circuit Judges,
9 B ARBARA S. J ONES*
10 District Judge.
11
12
13
14 IN RE: B.A.R. ENTERTAINMENT MANAGEMENT, INC.,
15
16 Debtor.
17
18
19 PATRICIA A. SMALLS,
20
21 Appellant,
22
23 -v.- 09-4069-bk
24
25 COLASANTI & IURATO, LLP, GLEN IURATU, B.A.R. ENTERTAINMENT
26 MANAGEMENT, INC., B.A.R. ENTERTAINMENT, INC., RAY D.
27 COPELAND, RATTET PASTERNAK & GORDON-OLIVER, LLP, JULIE A.
28 CVEK, ARLENE GORDON-OLIVER, JAMES B. GLUCKSMAN,
29
*
The Honorable Barbara S. Jones, of the United States District Court
for the Southern District of New York, sitting by designation.
1 Appellees.
2
3
4 FOR APPELLANT: PATRICIA A. SMALLS, New York, NY.
5
6 FOR APPELLEE: KYLE C. MCGOVERN, Lyons McGovern LLP,
7 Sleepy Hollow, NY (Counsel for Colasanti
8 & Iurato, LLP); JAMES B. GLUCKSMAN,
9 Harrison, NY (Counsel for Rattet
10 Pasternak & Gordon-Oliver, LLP).
11
12 Appeal from a judgment of the United States District
13 Court for the Southern District of New York (Daniels, J.).
14
15 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED
16 AND DECREED that the judgment of the district court be
17 AFFIRMED.
18 Appellant Patricia A. Smalls, pro se, appeals from a
19 judgment of the United States District Court for the
20 Southern District of New York (Daniels, J.) granting
21 Appellees’ motions to dismiss her appeal from a decision of
22 the United States Bankruptcy Court for the Southern District
23 of New York as untimely filed. We assume the parties’
24 familiarity with the underlying facts, the procedural
25 history, and the issues presented for review.
26 We conclude that the district court correctly dismissed
27 Smalls’s bankruptcy appeal. The time limit prescribed by
28 Rule 8002(a) of the Federal Rules of Bankruptcy Procedure
29 for filing an appeal from a judgment or order of the
2
1 bankruptcy court “is jurisdictional, and . . . in the
2 absence of a timely notice of appeal in the district court,
3 the district court is without jurisdiction to consider the
4 appeal, regardless of whether the appellant can demonstrate
5 ‘excusable neglect.’” In re Siemon, 421 F.3d 167, 169 (2d
6 Cir. 2005) (per curiam). Under the version of Rule 8002(a)
7 in effect at the time of the underlying events, Smalls had
8 ten days after the bankruptcy court dismissed her
9 adversarial proceeding to file a notice of appeal; she did
10 not file her notice until twenty-one days after that court
11 entered its order. Accordingly, her notice of appeal was
12 untimely filed, and the district court lacked jurisdiction
13 over her appeal.
14 For the foregoing reasons, the judgment of the district
15 court is hereby AFFIRMED. We therefore deny Smalls’s
16 pending motion to strike as moot.
17
18 FOR THE COURT:
19 Catherine O’Hagan Wolfe, Clerk
20
21
3