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IN RE MARCANO

Nos. 01-42520(ALG), 02-42349(ALG).

288 B.R. 324 (2003)

In re Francisco H. MARCANO, Debtor. In re Joyce S. Gayle, Debtor.

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

January 31, 2003.

Attorney(s) appearing for the Case

Jacqueline M.H. Bukowski, New York City, for Francisco H. Marcano and Joyce S. Gayle.

Andrea Shapiro, Solomon & Bernstein, New York City, for 59 West 87th Street Tenants Association.

Candace C. Carponter, Law Offices of Candace C. Carponter, P.C., New York City, for Volunteers of America, Inc.

MEMORANDUM OF DECISION

ALLAN L. GROPPER, Bankruptcy Judge.

The Court has consolidated, for purposes of this memorandum decision only, two motions for relief from the automatic stay filed in separate cases, In re Marcano (Case # 01-42520) and In re Gayle (Case # 02-42349). In each case the landlord seeks to enforce an eviction of the debtor that was pending on the date the case was filed. Both debtors argue, in opposition, that their landlords...

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