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Bankruptcy Appeal (801) | New York Eastern
Order(Other)
ORDER denying 6 Motion to Deem the Record on Appeal Closed: The Court denies without prejudice Appellant's 6 letter motion asking this Court to deem the record on appeal closed and to reject any untimely counter-designation under Federal Rule of Bankruptcy Procedure 8009(a)(2) ("Rule 8009"). Rule 8009 prescribes the procedure by which the bankruptcy record on appeal is designated. Among other things, it requires an appellant to "file with the bankruptcy clerk a designation of the items to be included in the record on appeal and a statement of the issues to be presented," Fed. R. Bankr. P. 8009(a)(1)(A), and permits, but does not require, an appellee to do the same, Fed. R. Bankr. P. 8009(a)(2). Further, it requires that differences about accuracy of the record or improper designations be resolved by the bankruptcy court in the first instance. Fed. R. Bankr. P. 8009(e)(1); see Myers Lawn Care Servs., Inc. v. Pryor, 2:23-cv-3346 (NJC), 2024 WL 730496, at *2-4 (E.D.N.Y. Feb. 22, 2024). Here, Appellant asserts that no Appellee timely filed a counter-designation of additional items to be included in the record. See Dkt. 6 at 1-2. However, taking judicial notice of the bankruptcy docket, the Court observes that it appears as though Trustee Krista M. Preuss ("Preuss") did, in fact, file a designation on July 8, 2026, the date by which Appellant asserts counter-designations were required to be filed, as Preuss notes in her letter response to Appellant's motion. See Dkt. 11 at 1. To the extent that Appellant challenges the accuracy of the record or an improper designation, those issues are properly addressed to the bankruptcy court. Further, as Appellee Cenlar FSB flags in its letter response, see Dkt. 7 at 1, matters relating to this appeal are still pending before the bankruptcy court such that granting this motion would be premature. The Clerk of Court is directed to mail a copy of this order and the docket sheet to pro se Appellant and to note having done so on the docket. Ordered by Judge Orelia E. Merchant on 7/23/2026. (MMP)
Letter
Letter Response to Letter Motion by Krista M Preuss (Preuss, Krista)
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