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CARNEY v. PHILIPPONE

Docket No. 02-7771.

368 F.3d 164 (2004)

Burnell G. CARNEY and Alice Carney, by L. David Zube, Chapter 11 Trustee, Plaintiffs-Appellants, v. James V. PHILIPPONE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 17, 2004.

Attorney(s) appearing for the Case

Philip J. Kramer, Hinman, Howard & Kattell, LLP, Binghamton, NY, for Plaintiffs-Appellants.

Robert J. Smith (Paul G. Ferrara and Edmund J. Gegan, on the brief), Costello, Cooney & Fearon, PLLC, Syracuse, NY,for Defendant-Appellee.

Before: KEARSE and B.D. PARKER, Circuit Judges, BERMAN, District Judge.

PER CURIAM.

Chapter 11 Trustee L. David Zube appeals on behalf of Burnell G. and Alice Carney from a judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Chief Judge). The District Court dismissed the Carneys' claim that James V. Philippone committed legal malpractice by not advising them to file for bankruptcy protection before the expiration of their right under local law to redeem property subject...

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