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IN RE AJ CONTRACTING CO., INC.

Bankruptcy No. 00 B 14842(REG), Adversary No. 02/2539A.

300 B.R. 182 (2003)

In re AJ CONTRACTING COMPANY, INC., Debtor. AJ Contracting Company, Inc., and The Official Committee of Unsecured Creditors of AJ Contracting Company, Inc., Plaintiffs, v. The City of New York and The County of New York District Attorney Robert M. Morgenthau, Defendants.

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

October 14, 2003.

Attorney(s) appearing for the Case

Todtman, Nachamie, Spizz & Johns, P.C., by Scott S. Markowitz, Jill L. Makower, New York City, for Plaintiff Official Committee of Unsecured Creditors.

Platzer, Swergold, Karlin, Levine, Goldberg & Jaslow, LLP, by Clifford A. Katz, New York City, for Plaintiff AJ Contracting Company, Inc., Debtor and Debtor-in-Possession.

Robert M. Morgenthau, District Attorney, New York County, by Michael S. Morgan, New York City, as Special Assistant Corporation Counsel.

City of New York Law Department, Office of Corporation Counsel, by M. Diane Jasinski, New York City, for Defendant City of New York.

DECISION AND ORDER ON MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

ROBERT E. GERBER, Bankruptcy Judge.

In this adversary proceeding under the umbrella of a case under chapter 11 of the Bankruptcy Code, the Creditors' Committee of the debtor AJ Contracting Company, Inc., on behalf of the AJ Contracting Estate, seeks to recover, as a fraudulent conveyance and misappropriation of statutory trust funds, more than $3 million that was paid...

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