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IN RE GIORGIO SHELLFISH CORP.

Bankruptcy No. 00-17485-353. Adversary No. 00-1582-353.

264 B.R. 252 (2001)

In re GIORGIO SHELLFISH CORP., Debtor. Allied Capital Corporation and Business Mortgage Investors, Inc., Plaintiffs, v. Martin Altchek, as Trustee for the Martin Altchek, M.D., P.C., 401K Pension Plan, F/B/O Martin Altchek, and RPT Metro Equities Limited Partnerships, Defendants.

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

July 12, 2001.

Attorney(s) appearing for the Case

Gabriel Del Virginia, New York City, for the Debtor.

Dickstein Shapiro Morin & Oshinsky, LLP, Washington, D.C., By Daniel Litt, for Allied Capital.

Golenbock, Eiseman, Assor & Bell, New York City, By Jeffrey Golenbock, for Allied Capital.

Greenberg Traurig, LLP, New York City, By John Grant, Jr., for Martin Altchek.

DECISION AND ORDER ON PRIORITY AND EXTENT OF LIENS

JEROME FELLER, Bankruptcy Judge.

Before the Court is a motion for summary judgment by Martin Altchek, as Trustee for the Martin Altchek, M.D., P.C., 401K Pension Plan, F/B/O Martin Altchek, ("Altchek") for the relief sought in his counterclaim. In essence, Altchek seeks a declaratory judgment, declaring the priorities between the plaintiffs, Allied Capital Corporation and Business Mortgage Investors...

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