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IN RE VALERINO CONST., INC.

No. 97-20881.

275 B.R. 684 (2002)

In re VALERINO CONSTRUCTION, INC., Debtors.

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

April 9, 2002.

Attorney(s) appearing for the Case

Warren H. Heilbronner, Boylan, Brown, Code, Vigdor & Wilson, LLP, Rochester, NY, for Trustee.

Paul S. Groschadl, Woods, Oviatt, Gilman, Sturman & Clarke, LLP, Rochester, NY, for M & T Bank.

DECISION & ORDER

JOHN C. NINFO, II, Chief Judge.

BACKGROUND

On April 2, 1997, an Order for Relief under Chapter 7 was entered against Valerino Construction, Inc. (the "Debtor"), after a March 13, 1997 Involuntary Petition had been filed against it and the Debtor consented to the entry of an Order for Relief.

On April 7, 1997, the Debtor filed a Motion (the "Turnover Motion"), which requested that M & T Bank ("M & T")...

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