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HETELEKIDES v. COUNTY ONTARIO

No. 3.

39 N.Y.3d 222 (2023)

205 N.E.3d 436

184 N.Y.S.3d 716

2023 NY Slip Op 00803

KRYSTALO HETELEKIDES, Individually and as Executrix of the Estate of DEMETRIOS HETELEKIDES, Also Known as JIMMY HETELEKIDES, Deceased, Appellant, v. COUNTY OF ONTARIO et al., Respondents.

Court of Appeals of New York.

Decided February 14, 2023.

Attorney(s) appearing for the Case

Adams Leclair, LLP, Rochester ( Mary Jo S. Korona and Robert P. Yawman , of counsel), for appellant.

Jason S. DiPonzio , Rochester, for respondents.

Pacific Legal Foundation, Arlington, Virginia ( Jonathan M. Houghton , of counsel) and Sacramento, California ( David J. Deerson , and Christina M. Martin , of counsel), for Pacific Legal Foundation, amicus curiae.

OPINION OF THE COURT

Two fundamental legal principles govern our decision in this appeal. First, a tax foreclosure proceeding is in rem against the "res"—the taxable real property—and not an action in personam commenced against an individual to establish personal...

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