Union Hill Cash & Carry Lumber Co. v. Lesco

Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs, without prejudice to the right to renew upon a proper showing that bankruptcy court has granted petitioner leave to pursue its remedy under the Lien Law in a State court. Memorandum: Under the circumstances of this ease no proceedings should have been taken in the State court without permission of the bankruptcy court. (Thompson v. Magnolia Co., 309 U. S. 478 , 483; 1 Collier, Bankruptcy [14th ed.], § 2.07.) (Appeal from an order of Monroe Special Term granting petitioner’s motion directing respondent to furnish a verified statement pursuant to section 76 of the Lien Law.) Present — Williams, P. J., Bastow, Goldman, Henry and Noonan, JJ.