such a dismissal will not violate the bankruptcy stay. See Dean v. Trans World Airlines, Inc., 72 F.3d 754, 756 (9th Cir. 1995) (holding that a post- bankruptcy dismissal will violate the automatic stay "where the decision to dismiss first requires the court to consider other issues presented by or related to the underlying case"); IUFA v. Pan Am. World Airways, Inc., 966 F.2d 457, 459 (9th Cir. 1992) (holding that the automatic stay does not preclude dismissal of an appeal so long as dismissal is "consistent with the purpose of [11 U.S.C. § 362(a)(1)1"). Accordingly, this appeal is dismissed without prejudice to Emery's right to move for reinstatement within 90 days of either the lifting of the bankruptcy stay or final resolution of the bankruptcy proceeding.

It is so ORDERED.

J.

cc: Hon. Timothy C. Williams, District Judge Daniel J. Albregts, Ltd. Lewis Roca Rothgerber LLP/Las Vegas Wright, Finlay & Zak, LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) I.947A ugetroa