option contract to purchase the land.[5] Stanley Weisz made the highest bid for the Tiana Queen motel site.
On May 12, 1983 Judge Galgay held a hearing on the trustee's motion to (i) accept Mantin's bid for the Tiana Queen Lloyd Harbor property; (ii) to accept Resnick's bid for the Todem Homes Lloyd Harbor option and thereby reject Mantin's bid predicated upon fee title; and (iii) to reject Weisz's bid for the Tiana Queen motel site. On June 7, 1983, Judge Galgay entered two orders, one authorizing the trustee to sell the Lloyd Harbor land and house to Mantin and to reject the Weisz offer and the other authorizing the trustee to sell the option contract to Resnick. Both orders were conditioned upon the outcome of the appeals beforeJudge Carter from the conversion orders; in the event that the conversions were upheld, the trustee was permitted to complete the sales but in the event that the conversions were reversed, the trustee could take no action without further order of the bankruptcy court.
DeMarco, again acting pro se, appealed from the Tiana Queen order authorizing the sale to Mantin. He did not appeal from the Todem Homes order authorizing the sale of the option to Resnick and, with the passage of time, that order became final. On September 29, 1983, 34 B.R. 357, Judge Carter affirmed the conversion orders, dismissed as moot the appeal from Judge Abram's order refusing to stay the auctions and affirmed the sale to Mantin.[6] Once again DeMarco appealed.
During the pendency of the appeal