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MATTER OF IDH REALTY INC.

Bankruptcy No. 881-80296-17, A.P. No. 881-0817-17.

16 B.R. 55 (1981)

In the Matter of IDH REALTY INC., Debtor. Dorothy EISENBERG, Trustee of the Estate of IDH Realty Inc., Plaintiff, v. The INCORPORATED VILLAGE OF MINEOLA, Board of Trustees, Mayor Edward S. Smith, Isidore Irace, Angelo Plata, Robert Hick, and Anthony Bellisimo, Members of the Board of Trustees, Defendants.

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

December 3, 1981.

Attorney(s) appearing for the Case

Dorothy Eisenberg, Garden City, trustee.

Shaw, Goldman, Licitra, Levine & Weinberg, Garden City, by Karen Carter, Garden City, for trustee.

Murphy & Bartol, Garden City, by Ernest T. Bartol and Gerald J. Fenter, Garden City, for defendants.

MEMORANDUM AND ORDER

BORIS RADOYEVICH, Bankruptcy Judge.

By complaint filed October 21, 1981, Dorothy Eisenberg as trustee of the estate of IDH Realty, Inc., (hereinafter "IDH"), seeks declaratory judgment which would define the zoning status of its premises located at 126 Jericho Turnpike, Mineola, New York (hereinafter "the premises") and a mandatory injunction setting aside any denial of said status. The defendants in their answer filed November 12, 1981...

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