353 F2d 538 In the Matter of Joseph Cichanowicz

353 F.2d 538

In the Matter of Joseph CICHANOWICZ, Bankrupt.

No. 159.

Docket 29892.

United States Court of Appeals Second Circuit.

Argued November 10, 1965.

Decided November 10, 1965.

Appeal from an order of the United States District Court, for the Eastern District of New York, John R. Bartels, Judge, confirming an order of the bankruptcy referee.

Michael F. Friedman, Brooklyn, N. Y., for appellant.

Albert Sacklow, Mineola, N. Y., and Leonard Schwartz, Brooklyn, N. Y., for trustee-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.


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We affirm in open court the order of the district court, which adopted and confirmed the action of the bankruptcy referee in voiding as a preferential transfer a mortgage executed by the bankrupt to the petitioner-appellant, for the reasons stated by Judge Bartels in his opinion dated May 11, 1965, reported at 247 F.Supp. 975.