Opinion
No. 09-4069-bk.
November 15, 2010.
Appeal from a judgment of the United States District Court for the Southern District of New York (Daniels, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.
Patricia A. Smalls, New York, NY, for Appellant.
Kyle C. McGovern, Lyons McGovern LLP, Sleepy Hollow, NY, for Colasanti Iurato, LLP.
James B. Glucksman, Harrison, NY, for Rattet Pasternak Gordon-Oliver, LLP.
SUMMARY ORDER
Appellant Patricia A. Smalls, prose, appeals from a judgment of the United States District Court for the Southern District of New York (Daniels, J.) granting Appellees' motions to dismiss her appeal from a decision of the United States Bankruptcy Court for the Southern District of New York as untimely filed. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.
We conclude that the district court correctly dismissed Smalls's bankruptcy appeal. The time limit prescribed by Rule 8002(a) of the Federal Rules of Bankruptcy Procedure for filing an appeal from a judgment or order of the bankruptcy court "is jurisdictional, and . . . in the absence of a timely notice of appeal in the district court, the district court is without jurisdiction to consider the appeal, regardless of whether the appellant can demonstrate `excusable neglect.'" In re Siemon, 421 F.3d 167, 169 (2d Cir. 2005) (per curiam). Under the version of Rule 8002(a) in effect at the time of the underlying events, Smalls had ten days after the bankruptcy court dismissed her adversarial proceeding to file a notice of appeal; she did not file her notice until twenty-one days after that court entered its order. Accordingly, her notice of appeal was untimely filed, and the district court lacked jurisdiction over her appeal.
For the foregoing reasons, the judgment of the district court is hereby AFFIRMED. We therefore deny Smalls's pending motion to strike as moot.