IN RE BURRELL

GERALD FINES, Chief Judge, Bankruptcy

For the reasons set forth in an Opinion entered on the tenth day of November 2004;

IT IS HEREBY ORDERED that:

A. The Motion to Dismiss Counts II, III and V filed by Defendant Mark Frechette, in his official capacities, on August 24, 2004, is ALLOWED;

B. Counts II, III and V of the Plaintiffs' Second Amended Complaint are dismissed with prejudice.