Case Activity (300)

1. Order | Filed: July 24, 2026 | Entered: July 24, 2026 Smith-O'Neill et al v. Pryor

   Bankruptcy Appeal (801) | New York Eastern

   Order(Other)

   ORDER: Appellant Kristin Ann Smith-O'Neill filed a notice of appeal on January 7, 2026. (See Notice of Appeal, Dkt. No. 1). On May 8, 2026, the Court notified Smith-O'Neill of the failure to file any motion for relief within the deadline set by the Federal Rules of Bankruptcy Procedure and the Clerk's February 6, 2026 notice, and directed any motion for relief to be filed by May 22, 2026, with a warning that failure to do so would result in dismissal of this appeal without further notice pursuant to Bankruptcy Rule 8018. (Order dated May 8, 2026). Smith-O'Neill has not filed any motion for relief or communicated with the Court in any way. Particularly given this complete lack of communication with the Court despite opportunities to rectify the late filing, the Court does not find a lesser sanction short of dismissal appropriate. See In re Harris, 464 F.3d 263, 272 (2d Cir. 2006); e.g., Tupper v. SN Servicing Corp., No. 23-CV-6644, 2024 WL 4008246, at *4 (E.D.N.Y. Aug. 30, 2024) (finding dismissal appropriate where appellant failed to take any steps to prosecute his appeal in the five months after it was docketed, despite instructions and warnings from the court). Accordingly, this appeal is dismissed, and the Clerk of Court is directed to close this case. See Fed. R. Bankr. P. 8018(a)(4) ("If an appellant fails to file a brief on time or within an extended time authorized under (a)(3), the district court or BAP may—on its own after notice or on the appellee's motion—dismiss the appeal."); see also In re Lynch, No. 19-2965, 2022 WL 16467, at *1 (2d Cir. Jan. 3, 2022) (affirming dismissal of bankruptcy appeal where appellant failed to file brief after receiving notice of potential dismissal). So Ordered by Judge Sanket J. Bulsara on 7/24/2026. (RB)

2. Order | Filed: May 08, 2026 | Entered: May 08, 2026 Smith-O'Neill et al v. Pryor

   Bankruptcy Appeal (801) | New York Eastern

   Order(Other)

   ORDER: Appellant Kristin Ann Smith-O'Neill filed a notice of appeal on January 7, 2026. (See Notice of Appeal, Dkt. No. 1). On February 6, 2026, a notice was docketed in this case stating that the bankruptcy record "has been received or is available electronically," and informing Smith-O'Neill that the Appellant "must serve and file a brief within 30 days." (Notice, Dkt. No. 2); see also Fed. R. Bankr. P. 8018(a)(1) ("The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been sent or that it is available electronically."). Smith-ONeill failed to file a brief by the deadline. "If an appellant fails to file a brief on time," the district court may dismiss the appeal "on its own after notice or on the appellee's motion." Fed. R. Bankr. P. 8018(a)(4); see also In re Lynch, No. 19-2965, 2022 WL 16467, at *1 (2d Cir. Jan. 3, 2022) (affirming dismissal of bankruptcy appeal where appellant failed to file brief after receiving notice of potential dismissal). Accordingly, Smith-O'Neill shall file any outstanding portions of the bankruptcy record and any motion for relief by 5/22/2026. Failure to comply with this order will result in dismissal of this appeal without further notice pursuant to Bankruptcy Rule 8018. So Ordered by Judge Sanket J. Bulsara on 5/8/2026. (RB)

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