Case Activity (780)

1. Order | Filed: July 03, 2026 | Entered: July 03, 2026 Fernandez et al v. Island Plastic Surgery, P.C.

   Bankruptcy Appeal (801) | New York Eastern

   Order on Motion for Reconsideration

   ORDER: Defendant-Appellant Elizabeth Fernandez seeks reconsideration of the order denying a stay pending appeal, 4 . The motion is denied.

   Reconsideration is "an extraordinary request that is granted only in rare circumstances, such as where the court failed to consider evidence or binding authority." Van Buskirk v. United Grp. of Companies, Inc., 935 F.3d 49, 54 (2d Cir. 2019). It "is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking [another] bite at the apple." United States ex rel. Five Star Elec. Corp. v. Liberty Mut. Ins. Co., 758 F. App'x 97, 101 (2d Cir. 2018) (quotation omitted). As such, "reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked—matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995).

   Fernandez's motion is nothing more than an attempt to have her stay relitigated. As noted in the stay denial, (see Order dated June 22, 2026), the Court considered the full record before it, including Fernandez's Hardship Declaration, and did not find a stay warranted. Fernandez has failed to provide any legal basis for the Court to grant the reconsideration, and it must therefore be denied. See Shrader, 70 F.3d at 257. Ultimate adjudication of the merits of the appeal remains pending. So Ordered by Judge Sanket J. Bulsara on 7/3/2026. (LOG)

2. Motion | Filed: July 02, 2026 | Entered: July 02, 2026 Fernandez et al v. Island Plastic Surgery, P.C.

   Bankruptcy Appeal (801) | New York Eastern

   Reconsideration

   Emergency MOTION for Reconsideration and/or Clarification of District Docket 2 Order Denying Stay Pending Appeal by Elizabeth Fernandez. (NF)

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