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MATTER OF CITY OF UTICA

661 CA 18-02305.

175 A.D.3d 1047 (2019)

107 N.Y.S.3d 798

2019 NY Slip Op 06319

In the Matter of the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article 11 of the Real Property Tax Law by City of Utica, Appellant. Kerry G. Martin, Respondent.

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

Decided August 22, 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: Petitioner commenced this in rem tax foreclosure proceeding pursuant to RPTL article 11 seeking to foreclose delinquent tax liens on property owned by respondent. Petitioner obtained a default judgment of foreclosure, and respondent thereafter moved to vacate the default judgment and for sufficient time to pay the outstanding...

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