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MATTER OF COUNTY OF WAYNE

1224 CA 18-00066.

169 A.D.3d 1501 (2019)

93 N.Y.S.3d 770

2019 NY Slip Op 01029

In the Matter of Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article 11 of the Real Property Tax Law by the County of Wayne, Appellant, Relating to the 2015 Town and County Tax. Paul J. Schenk, Jr., et al., Respondents.

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

Decided February 8, 2019.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Respondent Paul J. Schenk, Jr. (Schenk) owned residential real property upon which his parents, respondents Paul J. Schenk, Sr. and Shireen Schenk (hereafter, respondent parents), held a mortgage lien. Petitioner commenced this in rem tax foreclosure proceeding pursuant to RPTL article 11 seeking to foreclose delinquent tax liens...

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