ORDER

On November 29, 2001 the court issued an order directing Richard J. Frank (“Frank”) “to show cause, within 21 days of the date of filing of this order, why his appeal should not be dismissed as untimely”. Frank has failed to respond to the order within the time allowed, but did submit an informal brief on January 8, 2002.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) This appeal is hereby dismissed.

(2) Each side shall bear its own costs.