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IN RE KELLY

Bankruptcy No. 92 B 21674, No. 92-5405A.

155 B.R. 75 (1993)

In re Joan C. KELLY, Debtor. The STATE OF NEW YORK, Plaintiff, v. Joan C. KELLY, Defendant.

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

June 9, 1993.

Attorney(s) appearing for the Case

Edward J. Kuriansky, Sp. Prosecutor for Medicaid Fraud Control, Civ. Div., Laurence J. Iacueo, Sp. Asst. Atty. Gen., New York City, for State of N.Y.

Joseph B. Hirschfield, White Plains, NY, for debtor.

DECISION ON MOTION FOR SUMMARY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The State of New York ("State") has moved for summary judgment in the adversary proceeding that it filed against Joan Kelly, the Chapter 7 debtor, to declare its claim nondischargeable under 11 U.S.C. §§ 523(a)(4) and (7). In support of its motion, the State argues that there are no material facts in dispute. The State's claim, which is comprised of a judgment...

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