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)

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.

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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.

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