Algonquin Power Income Fund et al v. Christine Falls of New York, Inc. et al, No. 6:2007cv01258 - Document 37 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER re 36 USCA Mandate. ORDERED that the judgment entered on 10/25/2011 is VACATED. The 10/30/2007 decision of the Bankruptcy Court is REVERSED and this matter is REMANDED to the U.S. Bankruptcy Court for the Northern District of New York. Signed by Judge David N. Hurd on 6/26/2013. (dpk)
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Algonquin Power Income Fund et al v. Christine Falls of New York, Inc. et al Doc. 37 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ALGONQUIN POWER INCOME FUND; ALGONQUIN POWER CORPORATION, INC.; ALGONQUIN POWER U.S. HOLDINGS, INC.; ALGONQUIN POWER FUND (CANADA), INC.; and ALGONQUIN POWER SYSTEMS, INC.; Adversary Defendants-Appellants, -v- 6:07-CV-1258 CHRISTINE FALLS OF NEW YORK, INC. and TRAFALGAR POWER INC., Adversary Plaintiffs-Appellees. -------------------------------APPEARANCES: OF COUNSEL: MENTER RUDIN & TRIVELPIECE Attorneys for Algonquin Power Parties 308 Maltbie Street Suite 200 Syracuse, New York 13204-1498 JEFFREY A. DOVE, ESQ. JAMES C. THOMAN, ESQ. HARRIS BEACH PLLC Attorneys for Trafalgar Power Parties 99 Garnsey Road Pittsford, New York 14534 300 South State Street Syracuse, New York 13202 PAUL J. YESAWICH, III, ESQ. LAURA W. SMALLEY, ESQ. DAVID M. CAPRIOTTI, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER On January 30, 2013, the United States Court of Appeals for the Second Circuit issued a decision reversing the October 25, 2013, Memorandum-Decision and Order and remanding for entry of a judgment for Adversary Defendants-Appellants Algonquin Power Income Fund; Algonquin Power Corporation, Inc.; Algonquin Power U.S. Holdings, Inc.; Dockets.Justia.com Algonquin Power Fund (Canada), Inc.; and Algonquin Power Systems, Inc. Algonquin Power Income Fund v. Christine Falls of N.Y., Inc., Fed. Appx. , 2013 WL 336002 (2d Cir. Jan. 30, 2013) (summary order), reversing & remanding, 466 B.R. 175 (N.D.N.Y. 2011). The Mandate was issued on June 24, 2013, and filed in the Northern District of New York on June 25, 2013. In accordance with the directive of the United States Court of Appeals for the Second Circuit, it is ORDERED that 1. The Judgment entered on October 25, 2011, is VACATED; 2. The October 30, 2007, decision of the Bankruptcy Court is REVERSED; 3. This matter is REMANDED to the United States Bankruptcy Court for the Northern District of New York for entry of judgment in the underlying adversary proceeding in favor of Adversary Defendants-Appellants Algonquin Power Income Fund; Algonquin Power Corporation, Inc.; Algonquin Power U.S. Holdings, Inc.; Algonquin Power Fund (Canada), Inc.; and Algonquin Power Systems, Inc. and against Adversary Plaintiffs-Appellees Christine Falls of New York, Inc. and Trafalgar Power Inc. IT IS SO ORDERED. Dated: June 26, 2013 Utica, New York. -2-
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