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IN RE NOVAK

No. 804-85622.

354 B.R. 611 (2006)

In re Richard NOVAK, Debtor.

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

October 17, 2006.

Attorney(s) appearing for the Case

Pittoni, Bonchonsky & Zaino, LLP, by: M. John Pittoni, Esq., Garden City, NY, Attorneys for The Bank of New York.

Law Offices of Michael G. Mc Auliffe, Esq., by: Michael G. Mc Auliffe, Melville, NY, Attorneys for Brendan Bates.

David Cohen, Esq., by: David Cohen, Esq., New York, NY, Attorney for Richard Novak.

MEMORANDUM DECISION AND ORDER

DOROTHY EISENBERG, Bankruptcy Judge.

Before the Court is a dispute between two creditors of the debtor as to the priority of their interests in proceeds arising from the sale of property with each creditor asserting a first priority in a portion of the sale proceeds. In determining this issue, the Court needs to address, among other things, the relative priority of a judgment creditor who docketed a lien against the debtor's...

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