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  5. 233 B.R. 662 (1999)
 

IN RE OLYMPIA & YORK MAIDEN LANE CO., LLC

Bankruptcy Nos. 98-B-46167, 98-B-46168 (JLG), Adversary No. 98-9384A.

233 B.R. 662 (1999)

In re OLYMPIA & YORK MAIDEN LANE COMPANY, LLC and Olympia & York Maiden Lane Finance Corporation, Debtors. Mitchell E. Rudin, in his capacity as receiver of the real property located at 59 Maiden Lane, New York, NY, Plaintiff, v. The Tax Commission of the City of New York, the Department of Finance of the City of New York, and Norman Goodman, in his capacity as Clerk of the County of New York and Clerk of the Supreme Court of the State of New York, New York County, Defendants.

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

May 14, 1999.

Attorney(s) appearing for the Case

Denis F. Cronin, New York City, for plaintiff.

Michael D. Hess, Corporation Counsel of the City of New York, New York City, for defendants.

MEMORANDUM DECISION ON DEFENDANTS' MOTION TO DISMISS AND MITCHELL E. RUDIN'S CROSS MOTION FOR SUMMARY JUDGMENT ON HIS COMPLIANT SEEKING A MANDATORY INJUNCTION DIRECTING DEFENDANTS TO ACCEPT THE TAX CERTIORARI PETITION OF OLYMPIA & YORK MAIDEN LANE COMPANY LLC AND OLYMPIA & YORK FINANCE CORPORATION NUNC PRO TUNC TO OCTOBER 23, 1998

JAMES L. GARRITY, Bankruptcy Judge.

In this adversary proceeding, Mitchell E. Rudin ("Rudin" or "Receiver...

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