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ROOSEVELT SAV. v. GOLDBERG

118 Misc.2d 220 (1983)

Roosevelt Savings Bank, Plaintiff, v. Stanley H. Goldberg et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 25, 1983

Attorney(s) appearing for the Case

Stillman, Herz & Austin for Mona L. Goldberg, defendant. Robert Abrams, Attorney-General, for State Tax Commission. Paul W. Miller for Lord and Taylor. Milton Frank for American Express, defendant. Lally & Lally for Stanley H. Goldberg, defendant. Edward R. Korman, United States Attorney, for United States of America. Melvin Segal for West Publishing Co., Inc. Rubin Ferziger, Trustee in Bankruptcy, for Mona L. Goldberg, defendant.

BERNARD F. McCAFFREY, J.

The cardinal issue involved in this surplus money proceeding concerns the contention of the trustee in bankruptcy that section 362 of title 11 of the United States Code imposes a stay upon all proceedings which involve the debtor, Mona L. Goldberg, as a result of Mona L. Goldberg, the wife in the underlying pending divorce action, filing a petition for bankruptcy.

The trustee further contends that the entire proceedings...

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