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IN RE BERKELHAMMER

Bankruptcy No. 01-14772 (AJG). Adversary No. 02-8033A.

279 B.R. 660 (2002)

In re Edward B. BERKELHAMMER & Joellen Berkelhammer, Debtors. Edward M. Berkelhammer, Plaintiff, v. Anotonia C. Novella, as Commissioner of the New York State Department of Health, Defendant.

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

June 13, 2002.

Attorney(s) appearing for the Case

Law Offices of Barton P. Levine, by Barton P. Levine, New York City, for Debtor.

Eliot Spitzer, Attorney General of the State of New York, by Neal S. Mann, Assistant Attorney General, New York City, for Antonia C. Novella, as Commissioner of the New York State Department of Health.

MEMORANDUM OPINION ON MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

ROBERT D. DRAIN, Bankruptcy Judge.

Debtor and plaintiff Edward M. Berkelhammer (the "Debtor" or "Dr. Berkelhammer") has sought an injunction pursuant to section 105 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., requiring defendant Antonia C. Novella (the "Commissioner"), as Commissioner of the New York State Department of Health ("NYSDH") to refrain from violating...

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