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MATTER OF FORECLOSURE OF TAX LIENS PURSUANT TO ARTICLE 11, TITLE 3, OF THE REAL PROPERTY TAX LAW BY THE CITY OF NEWBURGH

291 A.D.2d 405 (2002)

736 N.Y.S.2d 892

In the Matter of the FORECLOSURE OF TAX LIENS PURSUANT TO ARTICLE 11, TITLE 3, OF THE REAL PROPERTY TAX LAW BY THE CITY OF NEWBURGH, Appellant. CHASE MORTGAGE COMPANY —WEST, Respondent.

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

Decided February 4, 2002.

Ordered that the order is affirmed, with costs.

Contrary to the contention of the appellant City of Newburgh (hereinafter the City), the Supreme Court providently exercised its discretion in granting the mortgagee's motion to vacate so much of a judgment of foreclosure as pertained to the subject property. Under the circumstances, the correct address of the mortgagee was "reasonably ascertainable" (RPTL 1125 [1]) and the City could have provided actual notice to the...

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