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IN RE STATE STREET ASSOCIATES, L.P.

Bankruptcy No. 04-63673, Bankruptcy No. 04-63672, Bankruptcy No. 04-80217.

323 B.R. 544 (2005)

In re STATE STREET ASSOCIATES, L.P., Debtor. In re State Street Houses, Inc., Debtor. State Street Associates, L.P. and State Street Houses, Inc., Plaintiffs, v. New York State Urban Development Corporation, Defendant.

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

March 23, 2005.

Attorney(s) appearing for the Case

Hancock & Estabrook, LLP, Daniel Berman, of counsel, Syracuse, NY, for Debtors/Plaintiffs.

Nixon Peabody LLP, Robert N.H. Christmas, of counsel, New York City, Nixon Peabody LLP, William S. Thomas, Jr., of counsel, Rochester, NY, for defendant.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

Before this Court is a Motion to Dismiss, pursuant to Federal Rule of Bankruptcy Procedure 7012 ("Fed.R.Bankr. P.") incorporating Federal Rule of Civil Procedure 12(b)(6) ("Fed.R.Civ.P."), filed by New York State Urban Development Corporation ("Defendant" or "UDC") on September 13, 2004, in connection with a complaint...

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