Two people familiar with the situation tell The Associated Press that Tom Brady’s appeal of his four-game suspension for his role in Deflategate won’t be heard by Wednesday’s 10-day deadline.

Both sources spoke on condition of anonymity Monday because no date for the appeal has been set. The collective bargaining agreement calls for it to be heard within 10 days. However, the league and the players’ union can agree on delaying the hearing. The two sides don’t agree on much else.

The union asked Commissioner Roger Goodell to recuse himself from hearing the appeal because it said he lacked impartiality and he would be called as a witness.

Goodell will not withdraw from what he considers his responsibility of hearing the appeal, according to several people with knowledge of the decision.

Troy Vincent, the league’s executive vice president of football operations, handed down the suspension to three-time Super Bowl MVP Brady, one of the sport’s biggest stars. Vincent also fined the Patriots $1 million and stripped them of a first-round draft pick next year and a fourth-rounder in 2017.

Patriots owner Robert Kraft said last week he will not appeal the team’s penalties.

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