COUNTY OF SUFFOLK DIV. OF REAL PROP. ACQUISITION & MGT. v. KANDLER

2007-103 S C.

2008 NY Slip Op 51525 (U)

COUNTY OF SUFFOLK DIVISION OF REAL PROPERTY ACQUISITION and MANAGEMENT, Respondent, v. FRANK KANDLER and DEBORAH KANDLER, Appellants, and MICHAEL MARIGLIANO, JOHN DOE and/or JANE DOE, Respondents.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 10, 2008.


Following a tax sale, the subject premises, which was formerly owned by occupants-appellants Frank Kandler and Deborah Kandler, was conveyed to Suffolk County by deed dated April 4, 1995. The principal defense in this proceeding by the County to remove appellants is that the proceeding is untimely under the 10-year statute of limitations governing the recovery of real property (CPLR 212 [a]) because it was not commenced until 2006. Ruling that the controlling statute was...

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