Opinion
Case No. 00-11683, Adversary No. 00-90091.
October 14, 2008
ERRATA SHEET
The Memorandum-Decision and Order dated and entered September 25, 2008 (No. 213) is corrected to amend footnote 9 on pages 8 and 9 to read as follows:
Corvetti commenced a second adversary proceeding seeking, inter alia. a declaratory judgment as to his standing to be heard in this matter and in other pending actions before the United States District Court for the Northern District of New York and Second Circuit Court of Appeals. See Covetti v. Hudson, Case No. 00-11683, Adv. No. 04-90005 (Bankr. N.D.N.Y. filed Jan. 5, 2004) (the "Declaratory J. Proceeding"). On December 8, 2004. Corvetti moved for summary judgment in the Declaratory Judgment Proceeding. (Declaratory J. Proceeding No. 30.) The court issued a bench ruling in connection with Corvetti's summary judgment motion on March 10, 2005, wherein, based on District Court Judge McAvoy's prior appellate decision, the court granted Corvetti's cause of action for standing to be heard in this proceeding. ( See Declaratory J. Proceeding, Second Hr'g Tr. at 44-47, Mar. 10, 2005 (No. 66).) On appeal, the district court reversed and specifically held that "Corvetti cannot oppose . . . Hudson's discharge pursuant to the Settlement Agreement, which Judge McAvoy approved in its entirety on November 20, 2003. Hudson v. Corvetti, 1:05-CV-472 (lead) (N.D.N.Y. July 9, 2007). Corvetti timely appealed the district court's Judgment and Memorandum-Decision and Order.
It is so ORDERED.