UNITED STATES OF AMERICA
COMMODITY FUTURES TRADING COMMISSION
NEW YORK MERCANTILE EXCHANGE
Stephen Briggs seeks reconsideration of the Commission's order dismissing his unperfected appeal from a final decision of the New York Mercantile Exchange ("NYMEX"). See Order of Dismissal (Jan. 7, 1999) (issued pursuant to delegated authority). For good cause shown, that order is vacated and Briggs' appeal is reinstated.
The record of proceedings before NYMEX has been filed with the Commission. The record contains Appellant's Memorandum of Appeal at Tab 38, filed with NYMEX on July 3, 1997 and Appellant's Reply Memorandum of Appeal, filed with NYMEX on August 18, 1997. Pursuant to Briggs' request, those submissions, which were filed with NYMEX in connection with Briggs' internal exchange appeal, shall serve to perfect his appeal to the Commission. They shall be deemed filed as his appeal brief as of the date of this order. Any answering brief by NYMEX shall be filed within 30 days of the date of NYMEX's receipt of this order, to conform substantially with the intent of 17 C.F.R. § 9.23.
IT IS SO ORDERED.
By the Commission (Acting Chairman SPEARS and Commissioners HOLUM, NEWSOME and ERICKSON).
Jean A. Webb
Secretary of the Commission
Commodity Futures Trading Commission
Dated: July 21, 1999