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MATTER OF GENESEE

1282 CA 14-01027.

124 A.D.3d 1330 (2015)

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 GENESEE, Appellant, Relating to the 2011 Town and County Tax. TIMOTHY D. BUTLAK, Respondent.

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

Decided January 2, 2015.

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

Memorandum: Supreme Court did not abuse its discretion in granting respondent's motion pursuant to CPLR 5015 (a) (1) seeking to vacate the underlying judgment of foreclosure (see Woodson v Mendon Leasing Corp., 100 N.Y.2d 62, 68 [2003]). Although respondent did not establish either a reasonable excuse for the default or a meritorious...

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