MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY LAW BY THE COUNTY OF ORANGE


278 A.D.2d 416 (2000)

717 N.Y.S.2d 375

In the Matter of the FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY LAW BY THE COUNTY OF ORANGE, Respondent. CKC OF NEW YORK et al., Appellants, et al., Respondent. (And a Related Action.)

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

Decided December 18, 2000.


Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contention, the 1993 and 1994 amendments to RPTL 1164 did not abrogate the rule that a property owner may not stay the collection or enforcement of an assessment while challenging the validity of an assessment (cf., Herzog v Town of Thompson, 251 A.D.2d 917). In addition, the appellants cannot, in effect, stay enforcement of the in rem proceeding...

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