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MATTER OF COUNTY OF CLINTON

29 A.D.3d 79 (2006)

810 N.Y.S.2d 565

In the Matter of the Foreclosure of Tax Liens by COUNTY OF CLINTON, Appellant. MARTIN BOUCHARD, Respondent.

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

March 9, 2006.

Attorney(s) appearing for the Case

Maynard O'Connor, Smith & Catalinotto, L.L.P., Albany (Robert A. Rausch of counsel), for appellant.

Mark A. Schneider, Plattsburgh, for respondent.

CREW III, J.P., MUGGLIN and KANE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

In 2004, respondent owned two commercial parcels of real property located at 8909 Route 9 and 8911 Route 9 in the Town of Chazy, Clinton County, each containing improvements. On October 8, 2004, petitioner commenced this proceeding pursuant to RPTL article 11 to foreclose a tax lien on the 8911 property due to respondent's failure to pay real property taxes. Petitioner that same...

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