DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 99/17/2020

DOMINICK DIMETRO, : Appellant, : 19-CV-2162 (NSR) -against- : : ORDER KRISTA PREUSS, : Appellee. : NELSON S. ROMAN, United States District Judge: Appellant Dominick DiMetro filed this appeal arising from a bankruptcy proceeding in the United States Bankruptcy Court for the Southern District of New York on March 8, 2019. (ECF No. 1.) The initial deadline for Appellant to file his opening brief was April 8, 2019. (ECF No. 3.) Appellant has not filed an opening brief. On August 24, 2020, the Court issued an Order to Show cause directing Appellant to show cause by September 14, 2020, why this appeal should not be dismissed pursuant to Fed. R. Bankr. P. 8018(a)(4) due to Appellant’s failure to timely file a brief. CECF No. 6.) Where, as here, “‘an appellant fails to timely file a brief, a district court may dismiss the appeal upon a motion made or sua sponte after notice is provided.” Satti v. Nechadim Corp., No. 17-CV-00683 (MKB),

, at *3 (E.D.N.Y. Feb. 16, 2018) (citing Fed. R. Bankr. P. 8018(a)(4)). By letter dated August 26, 2020, current counsel for Appellant advised the Court that Appellant consents to dismissal of his appeal. (ECF No. 7.) The Court has received no other response to its Order to Show Cause.

Accordingly, this appeal is dismissed without prejudice pursuant to Fed. R. Bankr. P. 8018(a)(4).

Dated: September 17, 2020 SO ORDERED: White Plains, New York

NELSON S. ROMAN United States District Judge