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IN REM TAX FORECLOSURE ACTION NO. 52

Index No. 40000/15. Appeal No. 15106. Case No. 2019-05659.

201 A.D.3d 516 (2022)

157 N.Y.S.3d 358

2022 NY Slip Op 00268

In Rem Tax Foreclosure Action No. 52. Matter of City of New York, Respondent, v. James Horelick, Appellant. James Horelick, Third-Party Movant-Appellant, v. City of New York et al., Third-Party Objectants-Respondents. (And a Second Third-Party Action.).

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

The Wilson Law Firm, LLC, Brooklyn ( Earl Antonio Wilson of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.

The court correctly denied respondent's motion to vacate as untimely. The record shows that the judgment of foreclosure against the property was duly entered in the office of the County Clerk, creating a presumption of regularity of the proceedings in this action (Administrative Code of City of NY § 11-411) that encompasses compliance by the City with all applicable notice, publication, and filing requirements. The presumption became conclusive four months after the...

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