United States District Court, S.D. New York
May 20, 2004.
In re NICHITA MARIUS BUCURESCU, et ano., Debtors NICHITA MARIUS BUCURESCU, et ano., Appellants, -against- 190A REALTY CORP., Appellee
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Appellants move for reconsideration of this Court's order, dated May
3, 2004, dismissing their appeal.
The Court dismissed the appeal on the ground that the order supposedly
appealed from did not appear on the docket sheet. Appellants now claim
that the order in question actually was docketed, albeit in Adv. Pro. No.
01-8085A (CB). This appears to be correct.
It is a nice question whether the notice of appeal was sufficient to
vest jurisdiction in this Court inasmuch as the order appealed from was
entered, apparently in error, in a different case. The Court assumes that
it was and therefore vacates the May 3, 2004 order and reinstates the
appeal. But this ultimately avails appellants naught.
The order appealed from is affirmed, substantially for the reasons set
forth in the appellee's brief. The Clerk shall close this case.
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