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IN RE OYSTER BAY COVE, LTD.

No. 94-CV-499 (TCP).

196 B.R. 251 (1996)

In re OYSTER BAY COVE, LTD., Debtor. Kenneth P. SILVERMAN, Trustee of the Estate of Oyster Bay Cove, Ltd., Appellee, v. Chaim ANKARI, Appellant.

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

February 24, 1996.

Attorney(s) appearing for the Case

Freddie Grafstein, Deer Park, NY, for Oyster Bay Cove, Ltd.

Floyd G. Grossman, Dollinger, Gonski, Grossman Permut & Hirschhorn, Carle Place, NY, for Chaim Ankari.

Steven B. Soll, Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for Bank of New York.

Gary F. Herbst, Jaspan, Ginsberg, Schlesinger Silverman & Hoffman, Garden City, NY, for Kenneth P. Silverman.

MEMORANDUM AND ORDER

PLATT, District Judge.

Appellant appeals from an order of the Bankruptcy Court, Eisenberg, B.J., authorizing the Trustee in bankruptcy to retain Appellant's $250,000.00 deposit after Appellant defaulted on his winning bid following a court approved auction of the Debtor's land. For the reasons stated herein, the decision of the Bankruptcy Court is affirmed.

BACKGROUND

Oyster Bay Cove, Ltd. (the "Debtor...

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