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IN RE MAZZEO

Nos. 93, 94, Docket Nos. 96-5141(L), 96-5149.

131 F.3d 295 (1997)

In re Salvatore J. MAZZEO, Debtor. Salvatore J. MAZZEO, Plaintiff-Appellant, v. UNITED STATES of America and New York State, Defendants-Appellees. New York State Department of Taxation and Finance, Creditor, Marianne De Rosa, Trustee.

United States Court of Appeals, Second Circuit.

Decided December 3, 1997.

Attorney(s) appearing for the Case

Joseph J. Haspel, New City, NY (Stein Riso Haspel & Jacobs, New City, NY, on the brief), for Plaintiff-Appellant.

Michelle B. O'Connor, Attorney, Tax Division, Department of Justice, Washington, DC (Loretta C. Argrett, Assistant Attorney General, Gary D. Gray, Attorney, Tax Division, Washington DC, Zachary W. Carter, United States Attorney, Brooklyn, NY, on the brief), for Defendant-Appellee United States.

Steven U. Teitelbaum, Deputy Commissioner of Taxation & Finance, Kew Gardens, NY (Elizabeth Rosenblum, of counsel), filed a brief for Defendant-Appellee New York State.

Before: KEARSE, McLAUGHLIN, and GODBOLD, Circuit Judges.

KEARSE, Circuit Judge.

Plaintiff Salvatore J. Mazzeo appeals from an order of the United States District Court for the Eastern District of New York, Thomas C. Platt, Judge, affirming an order of the United States Bankruptcy Court for the Eastern District of New York, Dorothy Eisenberg, Judge, which dismissed his petition filed under Chapter 13 of the Bankruptcy Code ("Code"), 11 U.S.C. § 1301 et seq. (1994). The district court ruled that...

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