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IN RE CORSO

No. 04-CV-3628, Bankruptcy No. 803-80239-511.

328 B.R. 375 (2005)

In re Philip C. CORSO and Debra J. Corso, Debtors.

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

August 8, 2005.

Attorney(s) appearing for the Case

Weinberg, Gross & Pergament, LLP, by Marc A. Pergament, Esq., and Seth M. Choset, Esq., Of Counsel, Garden City, NY, for Appellee Marc A. Pergament.

McCabe, Weisberg & Conway, P.C., by Monica G. Christie, Esq., and Doron Zanani, Esq., Of Counsel, New York, NY, for Non-Party Creditor Beneficial homeowner Service Corporation.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This appeal arises from a July 8, 2004 Order by United States Bankruptcy Judge Melanie L. Cyganowski that denied a motion by Beneficial Homeowner Service Corporation ("Beneficial" or the "Appellant") to vacate a Judgment that was previously entered against it based on its failure to comply with a discovery subpoena and to compel Marc A. Pergament, the Chapter 7 Trustee ("Pergament" or the "Trustee"...

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