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IN RE MAVELLIA

Bankruptcy No. 091-72003-21.

149 B.R. 301 (1991)

In re Sabino J. MAVELLIA, a/k/a Jerry Mavellia, Debtor.

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

December 4, 1991.

Attorney(s) appearing for the Case

Stephen P. Gelfand, Zinker & Gelfand, Smithtown, NY

Joseph C. Savino, Wickham, Wickham & Bressler, Mattituck, NY

U.S. Trustee, E.D.N.Y. Scott Stuart.

OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

Sabino J. Mavellia, named as a debtor in this involuntary Chapter 7 proceeding, is moving, pursuant to 11 U.S.C. §§ 105, 303 and Federal Rules of Bankruptcy Procedure 1011, 7004 and 9013, and Rules 12 and 56 of the Federal Rules of Civil Procedure, to dismiss the petition. Such relief is asked on the grounds: (1) that the petitioning creditor, North Fork Bank and Trust Company ("North Fork") does not...

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