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MATTER OF ORANGE COUNTY COMMISSIONER OF FINANCE

No. 9.

18 N.Y.3d 634 (2012)

942 N.Y.S.2d 442

2012 NY Slip Op 1324

In the Matter of the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article Eleven of the Real Property Tax Law, by ORANGE COUNTY COMMISSIONER OF FINANCE, Appellant. JEANETTE HELSETH et al., Respondents.

Court of Appeals of New York.

Decided February 21, 2012.

Attorney(s) appearing for the Case

David L. Darwin , County Attorney, Goshen ( Matthew J. Nothnagle of counsel), for appellant.

Daniel E. Bertolino , P.C., Upper Nyack ( Jonathan B. Schloss of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

In November 1997, Jeanette and Ola Helseth (the Helseths) purchased a four-acre parcel of land located in the Town of Warwick, Orange County, New York. The parcel was subdivided into two-acre lots and a home, in which the Helseths resided, was constructed on one of the lots; the other lot remained unimproved (the property). In 2000, following the sale of the improved lot, the Helseths moved to an apartment on Amity Road; and...

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