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IN RE CATHEDRAL OF INCARN. IN DIOCESE OF L. ISLAND

Nos. 527, 594, 595, 596 and 974, Dockets 94-5064, 94-5066, 94-5072, 94-5076 and 95-5026.

99 F.3d 66 (1996)

In Re CATHEDRAL OF THE INCARNATION IN THE DIOCESE OF LONG ISLAND, Debtor. CATHEDRAL OF THE INCARNATION IN THE DIOCESE OF LONG ISLAND, Debtor-Appellant, Cross-Appellee, Incorporated Village of Garden City, in the Matter of the Application of the Incorporated Village of Garden City to acquire fee title to the land and improvements thereon at the northwest corner of Stewart and Rockaway Avenues, known as the St. Paul's School site; Official Committee of Unsecured Creditors, Appellants-Cross-Appellees, v. GARDEN CITY COMPANY, INC., Appellee-Cross-Appellants, The Attorney General of the State of New York; Fleet Bank, and United States Trustee Office, Interested Parties.

United States Court of Appeals, Second Circuit.

As Amended October 29, 1996.

Attorney(s) appearing for the Case

Edward J. Lobello, New York City (Thomas L. Kent, Marks & Murase, New York City, of counsel; Anderson Kill Olick & Oshinsky, New York City, on the brief), for Debtor-Appellant Cross-Appellee Cathedral of the Incarnation and Cross-Appellee Official Committee of Unsecured Creditors.

Peter J. Mastaglio, Garden City, NY (James G. Ryan, Cullen and Dykman, Garden City, NY, of counsel), for Appellant Village of Garden City.

F. Judith Hepworth, Uniondale, NY (Dolores Fredrich, Michael J. Healy, Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P.C., Uniondale, NY, of counsel), for Appellee-Cross-Appellants Garden City Company, Inc.

Arthur Steinberg, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City, on the brief), for Interested Parties.

Before: OAKES, MCLAUGHLIN and LEVAL, Circuit Judges.

CORRECTED ORDER DENYING PETITION FOR REHEARING

Appellants Cathedral and the Village of Garden City move for rehearing of our opinion of July 9, 1996. They contend our ruling that the district court's remand order was not appealable under 28 U.S.C. § 1452(b) is inconsistent with the Supreme Court's decision in Quackenbush v. Allstate Insurance Co., ___ U.S. ___, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996), which was decided after argument of this case...

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