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MATTER OF VILLAGE OF FLEISCHMANNS

509055

77 A.D.3d 1146 (2010)

909 N.Y.S.2d 564

In the Matter of the Foreclosure of Tax Liens by VILLAGE OF FLEISCHMANNS. VILLAGE OF FLEISCHMANNS, Appellant. DELAWARE NATIONAL BANK OF DELHI, Respondent.

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

Decided October 21, 2010.

MERCURE, J.P.

This tax foreclosure proceeding involves a theater that is located in the Village of Fleischmanns, Delaware County and owned by Brian Dowd and Richard Dowd. Respondent is the holder of a mortgage that covers the property and has a balance of over $60,000. In November 2007, petitioner executed and filed a list of real property parcels affected by delinquent tax liens pursuant to RPTL 1122 that included the subject property. Thereafter, petitioner commenced...

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