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IN RE DeMARTINO

Bankruptcy No. 1-09-40443-jf. Adversary No. 1-09-01367-jf.

448 B.R. 122 (2011)

In re Thomas Albert DeMARTINO, Debtor. Richard E. O'Connell, as Chapter 7 Trustee of the Estate of Thomas Albert DeMartino and Centennial Insurance Company, Plaintiffs. v. Thomas Albert DeMartino, Defendant.

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

May 6, 2011.

Attorney(s) appearing for the Case

Jordan Pilevsky, Esq. , LaMonica Herbst & Maniscalco LLP, Wantagh, NY., for Richard E. O'Connell.

Richard B. Demas, Esq. , Gottesman Wolgel Secunda Malamy & Flynn, New York, NY, for Centennial Insurance Company.

Vivian M. Williams, Esq. , New York, NY, for Defendant.

DECISION AND ORDER GRANTING SUMMARY JUDGMENT AND DENYING DISCHARGE

JEROME FELLER, Bankruptcy Judge.

Before the Court is a joint motion for summary judgment ("Motion") pursuant to Fed.R.Civ.P. 56, made applicable hereto by Fed. R. Bankr.P. 7056, filed by Co-Plaintiffs Richard J. O'Connell, the Chapter 7 Trustee ("Trustee") of the estate of Thomas Albert DeMartino ("Debtor") and Centennial Insurance Company ("Centennial"), a creditor,1

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