Ridge View Farm LLC v. Pleasant Acre Farm, LLC et al

Filing 3

DECISION AND ORDER dismissing the 1 Bankruptcy Appeal for failure to prosecute. Signed by Judge David N. Hurd on 6/10/2013. (amt)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------RIDGE VIEW FARM LLC, Appellant, -v- 5:13-CV-122 (Lead) PLEASANT ACRE FARM, LLC; GERMAIN BOUDREAU; ROBBINS FAMILY GRAIN; UNITED STATES TRUSTEE; MARK W. SWIMELAR, Appellees. -------------------------------RIDGE VIEW FARM LLC, Appellant, -v- 5:13-CV-123 (Member) UNITED STATES TRUSTEE; PLEASANT ACRE FARM, LLC; GERMAIN BOUDREAU; ROBBINS FAMILY GRAIN; Appellees. -------------------------------APPEARANCES: OF COUNSEL: DAVID P. ANTONUCCI, ESQ. Attorney for Appellant 12 Public Square, Bonadio Building Watertwon, NY 13601 MUNSON LAW FIRM, PLLC Attorneys for Appellant 221 Mullin Street Watertown, NY 13601 STEVEN G. MUNSON, ESQ. GROOB, RESSLER & MULQUEEN Attorneys for Appellant 123 York Street, Ste. 1B New Haven, CT 06511 PETER L. RESSLER, ESQ. COAN, LEWENDON, GULLIVER, TIMOTHY D. MILTENBERGER, ESQ. & MILTENBERGER Attorneys for Pleasant Acres Farm, LLC & Germain Boudreau 495 Orange Street New Haven, CT 06511 CULLENBERG & TENSEN Attorneys for Germain Boudreau 85 Mechanic Street Third Floor, Bldg. C. Suite 2 Lebanon, NH 03766 AREND N. TENSEN, ESQ. EDWARD S. NOBLE, III, ESQ. Attorney for Robbins Family Grain 449 Silas Deane Highway, 2d Floor Wethersfield, CT 06109 UNITED STATES TRUSTEE 10 Broad Street Utica, NY 13501 GUY A. VANBAALEN, ESQ. MARK W. SIMELAR, ESQ. 250 South Clinton Street, Suite 203 Syracuse, NY 13202 DAVID N. HURD United States District Judge DECISION and ORDER Appellant Ridge View Farm LLC filed a Notice of Appeal on December 24, 2012. The Bankruptcy Court for the Northern District of New York issued a Certification of Compliance on January 30, 2013. Pleasant Acre Farm, LLC entered a notice that it no longer had an interest in Appellant and therefore would not enter an appearance on the appeal. Appellant's brief was due March 19, 2013. ECF No. 4. Appellees' briefs were due twenty days thereafter. The appeal was returnable on May 24, 2013, on submission without oral argument. -2- Appellant failed to file a brief. Consequently, appellees' briefs never became due. Appellant has not requested an extension of time to file a brief, or provided any reason why a brief was not filed. Therefore, the appeal will be dismissed for failure to prosecute. BalaberStrauss v. Reichard (In re Tampa Chain Co.), 835 F.2d 54, 55-56 (2d Cir. 1987). Accordingly, it is ORDERED that the above-captioned appeal is DISMISSED. IT IS SO ORDERED. Dated: June 10, 2013 Utica, New York. -3-

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