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MATTER OF 3868-70 WHITE PLAINS ROAD, INC.

No. 82 B 11611.

28 B.R. 515 (1983)

In the Matter of 3868-70 WHITE PLAINS ROAD, INC., Debtor.

United States Bankruptcy Court, S.D. New York.

March 18, 1983.

Attorney(s) appearing for the Case

Harold Jones, New York City, Asst. U.S. Trustee.

Charles S. Lazarus, Bronx, N.Y., for debtor.

Michael Gilberg, Gilberg & Gilberg, New York City, for Anna and Michael Matacchieri.

MEMORANDUM & ORDER

JOHN J. GALGAY, Bankruptcy Judge.

The United States Trustee seeks dismissal of the Chapter 11 case of 3868-70 White Plains Road, Inc., ("debtor"). By adversary proceeding, the first mortgagee, Anna and Michael Matacchieri, seeks relief from the Bankruptcy Code section 362 automatic stay in order to proceed with a pending foreclosure action in state court. A hearing on the dismissal motion and adversary proceeding was held on December...

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