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MATTER OF COUNTY OF OSWEGO

897 CA 19-00470.

175 A.D.3d 1843 (2019)

108 N.Y.S.3d 644

2019 NY Slip Op 06950

In the Matter of the Foreclosure of Tax Liens for 2012 (Four-Year) or Prior by Proceeding in Rem Pursuant to Article 11 of the Real Property Tax Law by the County of Oswego. Kevin L. Gardner, in His Official Capacity as Oswego County Treasurer, Respondent; Charles R. Trust, Jr., Appellant.

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

September 27, 2019.

Attorney(s) appearing for the Case

AMDURSKY, PELKY, FENNELL & WALLEN, P.C., OSWEGO ( AMANDA M. THOMSON OF COUNSEL), FOR RESPONDENT-APPELLANT.

RICHARD C. MITCHELL , COUNTY ATTORNEY, OSWEGO, FOR PETITIONER-RESPONDENT.

Present-Whalen, P.J., Smith, Centra, NeMoyer and Troutman, JJ.

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

Memorandum: Petitioner commenced this in rem tax foreclosure proceeding pursuant to RPTL article 11 seeking to foreclose delinquent tax liens on the subject property. Petitioner subsequently sought and obtained a default judgment of foreclosure that was entered in April 2016. In July 2018, respondent moved for, inter alia, vacatur of the judgment. Supreme Court denied the motion...

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