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IN RE MALESE 18 CORP.

No. 09-cv-2412 (ADS).

426 B.R. 44 (2010)

In re MALESE 18 CORP., Debtor. RM 18 Corp., Appellant, v. Aztex Associates, L.P. and The Bank of New York Mellon Trust, N.A., as Trustee, Appellees.

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

March 9, 2010.

Attorney(s) appearing for the Case

Ruskin, Moscou & Faltischek, P.C., by Daniel L. McAuliffe, Esq., Jeffrey A. Wurst, Esq., of counsel, Uniondale, NY, for Appellant.

Drinker Biddle & Reath LLP, by Gordon B. Nash, Jr., Esq., David S. Almeida, Esq., Janice B. Grubin, Esq., of counsel, Chicago, IL, and New York, NY, for the Appellee, Bank of New York Mellon Trust, N.A.

Foley & Lardner, LLP, by Michael P. Richman, Esq., of counsel, New York, NY, for the Appellee, Aztex Associates, L.P. 90 Park Avenue.

Windels Marx Lane & Mittendorf, LLP, by Alan Nisselson, Esq., of counsel, Brauner, Baron, Rosenzweig & Klein, LLP, by Leslie S. Barr, Esq., of counsel, New York, NY, Office of the United States Trustee, by Diana G. Adams, Esq., of counsel, Central Islip, NY, for the Debtor, Malese 18 Corp.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this bankruptcy appeal, Appellant RM 18 Corp. ("RM 18") challenges an order entered by United States Bankruptcy Judge Dorothy T. Eisenberg on April 16, 2009. That order was the result of a remand from this Court on appeal of a previous order on the same issue, entered by Judge Eisenberg on June 28, 2005. The appeal is opposed by Appellees Aztex Associates, L.P. ("Aztex") and Bank of New York Mellon...

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