Opinion
May 24, 1999
Appeal from the Supreme Court, Orange County (Owen, J.).
Ordered that the appeal by Lorin McGregor is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [e]); and it is further,
Ordered that the appeal by Christopher S. McGregor from the order dated September 9, 1997, is dismissed, without costs or disbursements, as that order was superseded by the order dated November 7, 1997, made upon reargument; and it is further,
Ordered that the order dated November 7, 1997, is affirmed insofar as reviewed, without costs or disbursements.
In Carman v. European Am. Bank Trust Co. ( 78 N.Y.2d 1066, 1067), the Court of Appeals stated, "It is elementary * * * that liens and other similar secured interests ordinarily survive bankruptcy ( see, e.g., Farrey v. Sanderfoot, 500 U.S. [291]; Long v. Bullard, 117 U.S. 617; Matter of Tarnow, 749 F.2d 464, 465-466). Moreover, a creditor need not object to the bankrupt's discharge in order to preserve its lien, since the discharge does not affect the lien". In light of this principle, the arguments advanced by Christopher S. McGregor are clearly without merit ( see also, Johnson v. Home State Bank, 501 U.S. 78; Estate of Lellock v. Prudential Ins. Co., 811 F.2d 186, 189; Bank of N.Y. v. Magri, 226 A.D.2d 412; Matter of Leonard v. Brescia Lbr. Corp., 174 A.D.2d 621).
Bracken, J. P., Thompson, Altman and Krausman, JJ., concur.