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C-TC 9TH AVENUE PARTNERSHIP v. NORTON COMPANY

No. 95-CV-1130.

196 B.R. 666 (1996)

C-TC 9TH AVENUE PARTNERSHIP, Plaintiff, v. NORTON COMPANY, Defendant.

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

May 17, 1996.

Attorney(s) appearing for the Case

Certilman, Balin, Adler & Hyman, LLP, East Meadow, New York (Michael D. Brofman, of counsel), for Plaintiff.

DeGraff, Foy, Holt-Harris, Mealey & Kunz, LLP, Albany, New York (Robert J. Rock, of counsel), for Defendant.

Arnis Zilgme, Town Attorney, Newtonville, New York (William Nowak, of counsel), for Creditor Town of Colonie.

Cusick, Hacker & Murphy, Latham, New York (David R. Murphy, of counsel), for Creditor Maplewood School District.

ORDER

CHOLAKIS, District Judge.

Presently before the Court is an appeal of the Memorandum-Decision and Order of Bankruptcy Judge Robert E. Littlefield, Jr., dated June 28, 1995, wherein he dismissed the case of debtor C-TC 9th Avenue Partnership. This Court hereby AFFIRMS for substantially the reasons set forth in Bankruptcy Judge Littlefield's thorough decision regarding the ineligibility of a dissolved partnership to proceed under Chapter 11.

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