Interlink v. Katlowitz et al

Filing 3

MEMORANDUM AND ORDER - For the foregoing reasons, Appellant's appeal is DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to enter judgment accordingly and mark this appeal CLOSED. So Ordered by Judge Joanna Seybert on 1/10/2014. E.D. Bankruptcy Case No. 8-12-74968(AST) C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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INTERLINK d/b/a SALUT USA,
Appellant,

E.D. Bankr. Case
No. 8-12-74968(AST)

-againstROBERT KATLOWITZ and NEENA SLAVIN
KATLOWITZ,

MEMORANDUM & ORDER
13-CV-3714(JS)

Appellees.
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APPEARANCES
For Appellant:
Sean Patrick McGrath, Esq.
Law Offices of Sean P. McGrath, Esq.
305 Lexington Avenue - PH A
New York, NY 10016
For Appellees:

Donald L. Citak, Esq.
Citak & Citak, Esqs
270 Madison Avenue, Suite 1203
New York, NY 10016-0601

SEYBERT, District Judge:
This action is an appeal of an order entered in the
Chapter 13 bankruptcy proceeding of debtors Robert Katlowitz and
Neena Slavin Katlowitz (“Debtors”).

Appellant Interlink d/b/a

Salut USA (“Appellant”) appeals the May 1, 2013 Order of the United
States Bankruptcy Court for the Eastern District of New York (the
“Bankruptcy Court”) vacating certain liens held against Debtors’
property located in Roslyn Estates, New York.

However, a review

of the Bankruptcy Court docket reveals that the parties entered
into a settlement agreement on July 31, 2013, which states in
relevant part:

[u]pon the issuance of the appropriate Court
Order approving this Settlement, Interlink
shall discontinue with prejudice its appeal
from the May 1, 2013 Court (by Honorable Alan
S. Trust) Order Avoiding Judicial Liens
Pursuant to 11 U.S.C. § 522(f) entered in the
above-captioned Chapter 13 proceeding by
taking the necessary steps in the U.S.
District Court, Eastern District of New York
(case number 2:13-cv-03714-js) to do so.
(Settlement Agreement & General Release, In re Katlowitz, No. 812-74968-ast (Bankr. E.D.N.Y. Aug. 5, 2013), Docket Entry 88-3,
¶ 4.)

On September 4, 2013, upon Debtors’ motion, the Bankruptcy

Court entered an order approving the Settlement Agreement and
General Release.

Accordingly, the Court DISMISSES WITH PREJUDICE

Appellant’s appeal in light of the so ordered settlement agreement.
Further, an independent basis of dismissal also exists
due to Appellant’s inexcusable failures to file an appellate brief
pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure
and to communicate with the Court since it filed its notice of
appeal over seven months ago.

See Bristol v. Ackerman (In re

Marcel C. Bristol), No. 09–CV–1638, 2010 WL 1223053 (E.D.N.Y. May
24, 2010).

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CONCLUSION
For

the

foregoing

DISMISSED WITH PREJUDICE.

reasons,

Appellant’s

appeal

The Clerk of the Court is directed to

enter judgment accordingly and mark this appeal CLOSED.
SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

is

January
10 , 2014
Central Islip, NY

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