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IN REM TAX FORECLOSURE ACTION NO. 52

Index No. 40000/15. Appeal No. 15107. Case No. 2020-00708.

201 A.D.3d 517 (2022)

157 N.Y.S.3d 367

2022 NY Slip Op 00269

In Rem Tax Foreclosure Action No. 52. City of New York, Respondent, v. 1600 Nelson Avenue Housing Development Fund Corporation, Appellant. Neighborhood Restore Housing Development Fund Corporation, Nonparty Respondent.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, New York ( Serge Joseph of counsel), for appellant.

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

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

The court correctly denied defendant'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 judgment...

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