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MATTER OF McCANN v. SCADUTO

71 N.Y.2d 164 (1987)

In the Matter of Helene E. McCann et al., Appellants, v. John V. Scaduto, as Treasurer of Nassau County, et al., Respondents. In the Matter of Harriet D. Rinaldo, Individually and as Executrix of Agnes M. Ahman, Deceased, Appellant, v. Shirley Stone et al., Respondents.

Court of Appeals of the State of New York.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Bernard S. Meyer, Michael A. Ciaffa and Kenneth L. Gartner for Helene E. McCann, appellant in the first above-entitled proceeding.

Edward T. O'Brien, County Attorney (Joshua A. Elkin of counsel), for John V. Scaduto, respondent in the first above-entitled proceeding.

Steven Wimpfheimer for Shirley Stone, respondent in the first above-entitled proceeding.

Bernard S. Meyer and Kenneth L. Gartner for appellant in the second above-entitled proceeding.

Edward T. O'Brien, County Attorney (Joshua A. Elkin of counsel), for John V. Scaduto and another, respondents in the second above-entitled proceeding.

Eugene R. Hurley, Jr., for Shirley Stone, respondent in the second above-entitled proceeding.

Chief Judge WACHTLER and Judges ALEXANDER, TITONE and BELLACOSA concur with Judge KAYE; Judge SIMONS dissents and votes to affirm in a separate opinion in which Judge HANCOCK, JR., concurs.

KAYE, J.

Each of these article 78 proceedings challenges the forfeiture of petitioner's home under the former real estate tax collection enforcement provisions of the Nassau County Administrative Code (the Code)1 on the ground that the Code's procedures violated the Federal constitutional guarantee of due process of law. We agree with petitioners...

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