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MATTER OF MAIUCCORO v. HERZOG

4 A.D.2d 456 (1957)

In the Matter of Carmen J. Maiuccoro et al., Appellants, v. Jacob Herzog, as Treasurer of The County of Albany, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 19, 1957.

Attorney(s) appearing for the Case

Stephen P. Vinciguerra for appellants.

Walter L. Collins, County Attorney, for respondent.

FOSTER, P. J., COON, HALPERN and GIBSON, JJ., concur.

BERGAN, J.

Petitioners sought to bid in certain parcels at a tax sale advertised for September 17, 1956 by the Albany County Treasurer. The petition in this proceeding, which is in the nature of mandamus to compel the Treasurer to issue tax sale certificates on all of the parcels, alleges that the respondent refused to accept the bids.

An affirmative defense pleaded in the answer as to one group of the...

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