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IN RE SHEEHAN MEMORIAL HOSP.

No. 02-12191 B.

301 B.R. 777 (2003)

In re SHEEHAN MEMORIAL HOSPITAL, Debtor

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

November 24, 2003.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP (Timothy J. Walker, Esq., of counsel), Buffalo, NY, for Niagara Mohawk Power Corporation.

John H. Ring III, Esq., Buffalo, NY, for Debtor.

Jane B. Wolfe, Esq., Assistant U.S. Attorney, Buffalo, NY, for the United States Department of Housing and Urban Development and the Internal Revenue Service.

Mary Powers, Esq., Office of the U.S. Trustee, Buffalo, NY, for the U.S. Trustee.

Eliot Spitzer, Attorney General of the State of New York, By: Michael J. Russo, Esq., Assistant Attorney General, of Counsel, Buffalo, NY.

CARL L. BUCKI, Bankruptcy Judge.

Niagara Mohawk Power Corporation has moved to dismiss or convert the chapter 11 case of Sheehan Memorial Hospital ("Sheehan"). For the reasons stated herein, this court will deny the request for conversion to chapter 7, but is compelled to dismiss the case.

Sheehan is a not-for-profit corporation that owns and operates a health care facility in the City of Buffalo, New York. With 109 beds, the hospital has provided acute care...

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