MATTER OF COUNTY OF LIVINGSTON

CA 12-01068.

101 A.D.3d 1755 (2012)

957 N.Y.S.2d 794

2012 NY Slip Op 9234

In the Matter of the FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE 11 OF THE REAL PROPERTY TAX LAW BY COUNTY OF LIVINGSTON, RELATING TO THE 2009 TOWN AND COUNTY TAX. COUNTY OF LIVINGSTON, Appellant; JEFFREY MORT, Respondent.

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

December 28, 2012.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to RPTL article 11, petitioner appeals from an order granting respondent's motion pursuant to RPTL 1131 to vacate the default judgment of foreclosure. Contrary to the contention of petitioner, we conclude that Supreme Court did not abuse its discretion in granting the motion.

To establish an excusable default under CPLR 5015 ...

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