ORDER
HOWARD SCHWARTZBERG, Bankruptcy Judge.
UPON the Summons and Complaint of Plaintiff, John F. Scheffel, the trustee duly appointed in this Chapter 11 case ("Trustee"), dated June 3, 1991; the Answer of Defendant, New York State Department of Taxation and Finance (the "Tax Department" or "Defendant"), dated September 4, 1991; the Notice of Motion dated September 20, 1991, sworn to September 21, 1991; the annexed Affidavit of John F. Scheffel and...
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