In Re: Ahmed Husain Zubair
- Vincent Briccetti
- 7:20-cv-08829
- U.S. District Court · Southern District of New York
- 1
In Re: Ahmed Husain Zubair: Judge Briccetti vacated a moot extension, set briefing deadlines, and denied the appellant permission to appeal without paying costs.
Ahmed Husain Zubair and Fay Servicing, LLC, as the appellant and appellee in the appeal.
What happened
Ahmed Husain Zubair, appearing without a lawyer and without paying court costs, asked for 60 more days to serve and file his brief in his appeal involving Fay Servicing, LLC.
The court had extended the deadline to March 30, 2021, but then received Zubair’s brief from the Bankruptcy Court. It therefore vacated the earlier extension as moot, required Fay Servicing to file its brief by March 11, 2021, and allowed Zubair to file a reply within 14 days after receiving that brief.
Judge Vincent L. Briccetti also ruled that an appeal from this order would not be taken in good faith and denied Zubair permission to appeal without paying court costs.
The detailed version
- In Re: Ahmed Husain Zubair · No. 7:20-cv-08829
- Vincent Briccetti
- Feb. 9, 2021
Background
Ahmed Husain Zubair was the debtor and appellant in an appeal involving Fay Servicing, LLC, as servicing agent for Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not individually but as trustee for Hilldale Trust. Zubair appeared without a lawyer and had been allowed to proceed without paying court costs.
On January 28, 2021, Zubair moved for a 60-day extension to serve and file his brief. After giving Fay Servicing an opportunity to respond, the court granted the motion on February 8 and extended Zubair’s deadline to March 30, 2021. On February 9, however, the court received a copy of Zubair’s brief by email from the Bankruptcy Court.
Ruling
Because Zubair’s brief had been received, the court vacated its February 8 order as moot. The court ordered Fay Servicing to serve and file its brief by March 11, 2021. Zubair could serve and file a reply brief within 14 days after Fay Servicing served its brief.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying court costs. The court directed its chambers to mail a copy of the order to Zubair.
Effect of the Order
The order resolved the requested deadline extension and set the next briefing deadlines. It did not decide the underlying bankruptcy appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.