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IN RE BERLIN & DENMAR DISTRIBUTORS, INC.

No. 14 Civ. 05749 (LGS), Bankruptcy Case No. 13-B-01315(SMB).

In re Berlin & Denmar Distributors, Inc., Debtors.

United States District Court, S.D. New York.

September 2, 2014.

Attorney(s) appearing for the Case

Berlin & Denmar Distributors, Inc., In Re, represented by Jonathan W. Rich , Robinson Brog Leinwand Greene Genovese & Gluck PC.

Berlin & Denmar Distributors, Inc., Debtor, represented by Jonathan W. Rich , Robinson Brog Leinwand Greene Genovese & Gluck PC.

Goldstein Development Corp., Appellant, represented by Satish Kumar Bhatia , Bhatia & Associates, P.C.

Berlin & Denmar Distributors, Inc., Appellee, represented by Jonathan W. Rich , Robinson Brog Leinwand Greene Genovese & Gluck PC & Robert Mitchell Sasloff , Robinson Brog Leinwand Greene Genovese & Gluck P.C..

OPINION AND ORDER

LORNA G. SCHOFIELD, District Judge.

Appellee Berlin & Denmar Distributors, Inc. ("Berlin"), moves to dismiss the appeal of Appellant Goldstein Development Corporation ("Goldstein") from an Order of the Bankruptcy Court dated May 23, 2014, because of Goldstein's failure to prosecute its appeal . Goldstein does not oppose the motion. For the reasons stated below, the Motion is granted.

I. BACKGROUND

A. Proceedings in...

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