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IN RE FARALDI

No. 02-CV-0679 TCP.

286 B.R. 498 (2002)

In re Albert V. FARALDI, Debtor. Allan B. Mendelsohn, the Chapter 7 Trustee for the Estate of Albert Faraldi, Appellant, v. Andrew M. Thaler, the Chapter 7 Trustee for the Estate of George A. Gamaldi, Sr., Appellee. Andrew M. Thaler, the Chapter 7 Trustee for the Estate of George A. Gamaldi, Sr., Petitioner, v. Albert V. Faraldi, and Dorothy Faraldi, Respondents, and United States of America, Intervenor.

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

December 11, 2002.

Attorney(s) appearing for the Case

Wendy J. Kisch, U.S. Department of Justice, Washington, DC, for U.S.

Harold J. Levy, Thaler & Gertler, L.L.P., Westbury, NY, for Andrew M. Thaler.

A. Scott Mandelup, Pryor & Mandelup, Westbury, NY, for Allan B. Mendelsohn.

Lawrence May, Angel & Frankel, New York City, for Albert V. Faraldi.

MEMORANDUM AND ORDER

PLATT, District Judge.

Before this Court are both an appeal and a motion. The Court heard oral argument on both the appeal and the motion on November 14, 2002.

The appeal is by Allen B. Mendelsohn, Esq., the Chapter 7 Trustee of the bankrupt estate of Albert V. Faraldi ("Appellant" or "Faraldi Trustee"), from the Memorandum and Order of the United States Bankruptcy Court for the Eastern District of New York dated February 1,...

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