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IN RE BERRY ESTATES

Nos. 186, 185, Dockets 86-5029, 86-5037.

812 F.2d 67 (1987)

In re BERRY ESTATES, INC., d/b/a Blueberry Hill Management Corp., Debtor. BERRY ESTATES, INC., Plaintiff-Appellant, v. STATE OF NEW YORK, Defendant-Appellee. Hon. Edward REGAN, Comptroller of the State of New York, State Capitol, Plaintiff-Appellant, v. BERRY ESTATES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 19, 1987.

Attorney(s) appearing for the Case

David S. Cook, Senior Atty., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., and Richard G. Liskov, Asst. Atty. Gen., of counsel), for defendant-appellee.

Joseph J. Haspel, Spring Valley, N.Y. (Barr and Faerber, Spring Valley, N.Y., of counsel), for plaintiff-appellant.

Before VAN GRAAFEILAND, MESKILL and NEWMAN, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

These are appeals from an order of the United States District Court for the Southern District of New York (Brieant, J.) affirming an order of the bankruptcy court. The issue presented is whether certain orders of New York State courts under that State's Emergency Tenant Protection Act of Nineteen Seventy-Four (ETPA), N.Y. Unconsol. Laws §§ 8621-8634, should control the disposition of unlawful excess rents collected by a landlord...

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