The Honorable Barbara S. Jones, of the United States District Court *

for the Southern District of New York, sitting by designation.

09-4069-bk

In Re: B.A.R. Entertainment Management, Inc.

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER 

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1,

2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1.

WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN

ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON

ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals

2 for the Second Circuit, held at the Daniel Patrick Moynihan

3 United States Courthouse, 500 Pearl Street, in the City of

4 New York, on the 15 day of November, two thousand and ten. th

5

6 PRESENT: BARRINGTON D. PARKER,

7 RICHARD C. WESLEY,

8 Circuit Judges,

9 BARBARA S. JONES

*

10 District Judge.

11

12 

13

14 IN RE: B.A.R. ENTERTAINMENT MANAGEMENT, INC.,

15

16 Debtor.

17 

18

19 PATRICIA A. SMALLS, 

20

21 Appellant,

22

23 -v.- 09-4069-bk

24

25 COLASANTI & IURATO, LLP, GLEN IURATU, B.A.R. ENTERTAINMENT

26 MANAGEMENT, INC., B.A.R. ENTERTAINMENT, INC., RAY D.

27 COPELAND, RATTET PASTERNAK & GORDON-OLIVER, LLP, JULIE A.

28 CVEK, ARLENE GORDON-OLIVER, JAMES B. GLUCKSMAN,

29
2

1 Appellees.

2 

3

4 FOR APPELLANT: PATRICIA A. SMALLS, New York, NY.

5

6 FOR APPELLEE: KYLE C. MCGOVERN, Lyons McGovern LLP,

7 Sleepy Hollow, NY (Counsel for Colasanti

8 & Iurato, LLP); JAMES B. GLUCKSMAN,

9 Harrison, NY (Counsel for Rattet

10 Pasternak & Gordon-Oliver, LLP).

11

12 Appeal from a judgment of the United States District

13 Court for the Southern District of New York (Daniels, J.).

14

15 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED

16 AND DECREED that the judgment of the district court be

17 AFFIRMED. 

18 Appellant Patricia A. Smalls, pro se, appeals from a

19 judgment of the United States District Court for the

20 Southern District of New York (Daniels, J.) granting

21 Appellees’ motions to dismiss her appeal from a decision of

22 the United States Bankruptcy Court for the Southern District

23 of New York as untimely filed. We assume the parties’

24 familiarity with the underlying facts, the procedural

25 history, and the issues presented for review.

26 We conclude that the district court correctly dismissed

27 Smalls’s bankruptcy appeal. The time limit prescribed by

28 Rule 8002(a) of the Federal Rules of Bankruptcy Procedure

29 for filing an appeal from a judgment or order of the
3

1 bankruptcy court “is jurisdictional, and . . . in the

2 absence of a timely notice of appeal in the district court,

3 the district court is without jurisdiction to consider the

4 appeal, regardless of whether the appellant can demonstrate

5 ‘excusable neglect.’” In re Siemon, 421 F.3d 167, 169 (2d

6 Cir. 2005) (per curiam). Under the version of Rule 8002(a)

7 in effect at the time of the underlying events, Smalls had

8 ten days after the bankruptcy court dismissed her

9 adversarial proceeding to file a notice of appeal; she did

10 not file her notice until twenty-one days after that court

11 entered its order. Accordingly, her notice of appeal was

12 untimely filed, and the district court lacked jurisdiction

13 over her appeal. 

14 For the foregoing reasons, the judgment of the district

15 court is hereby AFFIRMED. We therefore deny Smalls’s

16 pending motion to strike as moot.

17

18 FOR THE COURT:

19 Catherine O’Hagan Wolfe, Clerk

20

21