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KENNEDY v. MOSSAFA

100 N.Y.2d 1 (2003)

789 N.E.2d 607

759 N.Y.S.2d 429

ELLEN J. KENNEDY, Respondent, v. MAHSHID MOSSAFA, Defendant and Third-Party Plaintiff-Appellant. JOEL KLEIMAN, as Commissioner of Finance, County of Orange, et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided February 25, 2003.

Attorney(s) appearing for the Case

Sina Toussi, New York City, and Navish Agha for defendant and third-party plaintiff-appellant.

Stephen J. Gaba, Newburgh, and Todd A. Kelson for respondent.

Catherine M. Bartlett, County Attorney, Goshen (Matthew J. Nothnagle of counsel), for Joel Kleiman, third-party defendant-respondent.

Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

SMITH, J.

In this case we consider whether the procedures used by a county to foreclose on a property following a tax delinquency satisfied constitutional due process even though the owner never actually learned about the proceeding. We conclude that due process was satisfied.

I.

In 1983, appellant purchased the property at issue, a residential vacant lot of about 20...

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