Opinion
May 14, 1964
Appeal from the Monroe Special Term.
Present — Williams, P.J., Bastow, Goldman, Henry and Noonan, JJ.
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 case 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.)