Document Type

Article

Publication Date

6-24-2003

Abstract

Plaintiff-appellee Local Union No. 38, Sheet Metal Workers' Association, AFL-CIO ("Local 38") moves to dismiss an appeal filed by defendant-appellant Custom Air Systems, Inc. ("Custom Air") from a summary judgment entered in the United States District Court for the Southern District of New York (Brieant, J.). The judgment confirmed an arbitration award against Custom Air and against defendant Quality Air Systems, Inc, in favor of Local 38, and was entered on November 27, 2002. On the same date, Custom Air filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York. On January 27, 2003, Custom Air filed its notice of appeal from the District Court's November 27, 2002 judgment. In April 2003, Local 38 moved to dismiss Custom Air's appeal as untimely, contending that: (1) the Bankruptcy Code, 11 U.S.C. § 108(b), did not extend the thirty-day deadline for filing notices of appeal contained in Federal Rule of Appellate Procedure 4(a); (2) even if § 108(b) extends the deadline provided for in Rule 4(a), Custom Air could not take advantage of the protection afforded by § 108(b) because the statute provides protection for trustees as opposed to debtors in possession; and (3) the Rules Enabling Act, 28 U.S.C. § 2072, provides that Rule 4(a) trumps § 108(b). For the reasons set forth below, we find that all of these arguments lack merit and deny the motion to dismiss the appeal.

Comments

333 F.3d 345 (2003)

LOCAL UNION NO. 38, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO, Plaintiff-Appellee,

v.

CUSTOM AIR SYSTEMS, INC., Defendant-Appellant.

Docket No. 03-7105.

United States Court of Appeals, Second Circuit.

Argued: June 10, 2003.

Decided: June 24, 2003.

New York Law School location: Box #147, File #3214A

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