Case Activity (301)

1. Order | Filed: July 29, 2026 | Entered: July 29, 2026 Smith-O'Neill et al v. Pryor

   Bankruptcy Appeal (801) | New York Eastern

   Judgment - Clerk

   CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Appellant Kristin Ann Smith O'Neill take nothing of Appellee Robert Pryor and United States Trustee; that this appeal is dismissed; and that this case is closed. Ordered by Clerk of Court on 7/29/2026. (GO)

2. 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)

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