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In re Frumusa

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 22, 2010

IN RE LAWRENCE FRUMUSA, LAWRENCE FRUMUSA LAND DEVELOPMENT LLC, RISING TIDE ENTERPRISE, LLC, APPELLANTS.

The opinion of the court was delivered by: Siragusa, J.

Bankruptcy Case Nos. 09-21527, 09-21126 & 09-21124

DECISION & ORDER

On January 21, 2010, Lawrence Frumusa filed a "Notice of Appeal" pursuant to 28 U.S.C. § 158 (2005) with this Court seeking review of a January 15, 2010, Decision and Order of the Honorable John C. Ninfo, U.S. Bankruptcy Judge, denying several motions Appellant had filed. Included with his Notice of Appeal was a copy of the Decision and Order from which he is appealing, a certificate of service, a copy of an Order from the Clerk, U.S. Bankruptcy Court pertaining to perfection of the record on appeal, "Appellant's Statement of Issues," a copy of the docket sheet from Bankruptcy Petition No. 2-09-21126-JCN.

Missing is the designation of a appellee or appellees and a designation of the items to be included in the record on appeal. See Bankruptcy Rule 8006 (2009). The Clerk of the Bankruptcy Court included a Notice to the Clerk of the District Court indicating that no filing fee had been paid, that Appellant had filed no motion for in forma pauperis status and that he had not attached a civil cover sheet. The Clerk of the District Court confirms that no filing fee has yet been paid. Further, the Court notes that although Appellant states in his statement of issues that, "January 13, 2010 Hearing demonstrated Judge Ninfo's partiality and intentions to damage the Debtor" (Statement of Issues ¶ 1), no hearing transcript has been included with the Appellant's filing in this Court. No opposing papers are included in the record on appeal.

The Court finds that the record is far from complete for consideration on appeal. First, Mr. Frumusa cannot represent the entities listed as LLCs since he is not an attorney. Second, Mr. Frumusa has not paid the filing fee for this appeal. Third, Mr. Frumusa has not designated an appellee. Third, the record on appeal is incomplete, as outlined above, and Mr. Frumusa had not included the papers required pursuant to Bankruptcy Rule 8009.

Pursuant to Bankruptcy Rules 8006 and 8009, as well as Federal Rule of Civil Procedure 6, Mr. Frumusa has until February 22, 2010, to perfect the appeal by completing the filings required by Rules 8006 and 8009. Should he fail to correct the deficiencies outlined above by then, or fail to request an extension of the deadline, the Clerk is directed to close this matter.

IT IS SO ORDERED.

Rochester, New York

CHARLES J. SIRAGUSA United States District Judge

20100222

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