UNITED STATES OF AMERICA
Before the
COMMODITY FUTURES TRADING COMMISSION

STEPHEN BRIGGS

v.

NEW YORK MERCANTILE
EXCHANGE

CFTC Docket No. 98-E-2

ORDER PURSUANT TO
DELEGATED AUTHORITY

Stephen Briggs has failed to perfect his appeal by filing a brief. On May 11, 1998, Briggs filed a notice of appeal and petition for stay from a final order of the New York Mercantile Exchange ("NYMEX"). On May 22, 1998, the Commission issued an order denying Briggs' stay request. His notice of appeal was accepted.

Commission Rule 9.22(a), 17 C.F.R. 9.22(a) (1998), requires a respondent to file and serve an appeal brief within 30 days after service of the record of the exchange proceeding. In this proceeding, NYMEX filed the record on review with the Commission on June 11, 1998. The period for Briggs to perfect his appeal expired in July 1998. Because Briggs has failed to file his brief, this appeal is dismissed.

IT IS SO ORDERED.1

___________________________________
J. Douglas Richards
Deputy General Counsel
Commodity Futures Trading Commission

Dated: January 6, 1999

______________________________________________________________________________

1 By the Commission pursuant to delegated authority. 17 C.F.R. 9.9(b)(ii) and (v) (1998).