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IN RE 310 ASSOCIATES, L.P.

No. 01 Civ. 10199(MGC).

282 B.R. 295 (2002)

In re 310 ASSOCIATES, L.P., Debtor. New York City Department of Finance, Appellant, v. 310 Associates, L.P., Appellee.

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

August 23, 2002.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel of the City of New York, New York City Law Department, New York City, By Gabriela P. Cacuci, for Appellant.

Kensington & Ressler, L.L.C., New York City, By Ira R. Abel, Michael J. Venditto, for Appellee.

OPINION

CEDARBAUM, District Judge.

The New York City Department of Finance (the "City") appeals from an order of the Bankruptcy Court. In the proceedings below, the Bankruptcy Court granted 310 Associates, L.P. ("debtor") an exemption, pursuant to 11 U.S.C. § 1146(c), from payment of municipal real estate transfer taxes. The City argues that the Bankruptcy Court erred in granting the exemption, because 1) the transfer occurred before the debtor...

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