IN THE MATTER OF BARNES v. MCFADDEN


25 A.D.3d 955 (2006)

809 N.Y.S.2d 241

In the Matter of CHERYLANN BARNES, as Executor of WILLIAM ALEXANDER, Deceased, Appellant, v. JAMES P. McFADDEN, as Treasurer of Tioga County, et al., Respondents.

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

January 19, 2006.


Crew III, J.

Prior to his death, decedent was the owner of certain real property located in the Town of Spencer, Tioga County. In 1995, decedent went to live with petitioner, his daughter, and her husband in New Jersey and, from that point forward, tax notices were sent to decedent at petitioner's address. According to petitioner, she contacted respondent James P. McFadden, the Tioga County Treasurer (hereinafter respondent), on several occasions to request third...

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