In Re: Mac Truong, No. 1:2009cv08857 - Document 10 (S.D.N.Y. 2010)

Court Description: OPINION. #98826 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. (Signed by Judge Robert W. Sweet on 4/14/10) (djc) Modified on 4/15/2010 (ajc).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ..................................... MAC TRUONG, Debtor-Appellant, 09 Civ. 8857 (RWS) -against- OPINION JEFFREY L. SAPIR, Trustee-Appellee A P P E A R A N C E S : Pro Se MAC TRUONG 325 Broadway Apt. 200 New York, NY 10007 Attorney for Appellees JEFFREY L. SAPIR 399 Knollwood Road White Plains, NY 10603 HELLRING, LINDEMAN, GOLDSTEIN One Gateway Center 8th Floor Newark, NJ 07102 By: Richard B. Honig, Esq. & SIEGAL, LLP Sweet, D.J., The appellant Mac Truong ("Appellant" or "Truong") was directed by order of this court to file his brief on November 18, 2 0 0 9 . By order of November 25, 2 0 0 9 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, 2 0 0 9 a motion to vacate the dismissal and reinstate the appeal was made and on Demceber 8, 2 0 0 9 it was made returnable on January 27, 2 0 1 0 . 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. New York, NY April , 2010 /I/ U.S.D.J.

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