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HARNER v. COUNTY OF TIOGA

5 N.Y.3d 136 (2005)

833 N.E.2d 255

800 N.Y.S.2d 112

In the Matter of DONALD HARNER, Respondent, v. COUNTY OF TIOGA, Appellant.

Court of Appeals of the State of New York.

Decided June 30, 2005.

Attorney(s) appearing for the Case

Levene Gouldin & Thompson, LLP, Binghamton (Jason M. Carlton of counsel), for appellant.

Holmberg, Galbraith, Van Houten & Miller, Ithaca (Dirk A. Galbraith of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

Once again we consider whether a county provided a property owner constitutionally adequate notice of a foreclosure proceeding upon a tax delinquency. Applying the test set forth in Kennedy v Mossafa (100 N.Y.2d 1 [2003]), we conclude that due process was satisfied in this case where the notices of foreclosure sent by certified mail...

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