Braunstein v. Alcoholic Beverages Control Commission (In Re Amasya)

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is the Motion of the Alcoholic Beverages Control Commission (the “ABCC”) to Dismiss the Verified Complaint for Declaratory Judgment and Injunctive Relief filed by Peter Sanizzaro (“Sanizzaro”) and Joseph Braun-stein, the Chapter 7 Trustee of the estate of Erdem and Saadet Amasya (the “Debtors”), for failure to state a claim upon which relief may be granted. See Fed.R.Bankr.P. 7012. Sanizzaro filed an Opposition to the Motion to Dismiss. The Court heard the Motion and the Opposition on March 25, 1999 and took…