Matter of Clinton County
| Citation | 100 N.Y.2d 574,796 N.E.2d 473,764 N.Y.S.2d 382 |
| Decision Date | 02 July 2003 |
| Docket Number | No. 546.,546. |
| Parties | In the Matter of the Foreclosure of Tax Liens By Clinton County. Clinton County, Respondent; v. Theodore Zachary, Appellant. |
| Court | New York Court of Appeals |
Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that denied leave to appeal to the Court of Appeals, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that dismissed the appeal taken to that court, dismissed upon the ground that it does not lie from the Appellate Division order dismissing the appeal from the determination entered upon default (see, CPLR 5511).
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2 cases
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In re Cnty. of Albany
... 76 Misc.3d 574 173 N.Y.S.3d 410 In the MATTER OF the "In Rem" Delinquent Tax Lien Foreclosure Proceeding Brought Pursuant to Article 11, Title 3 of the Real Property Tax Law by the COUNTY OF ALBANY, New York, Tax District, Those Parcels of Real Property described in the List of ... and a meritorious defense to the foreclosure petition ( see CPLR 5015 [a] [1] ; Matter of Clinton County [Miner] , 39 A.D.3d 1015, 1016, 833 N.Y.S.2d 715 [3d Dept. 2007] ). The relevant default in ... ...
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In the Matter of The Foreclosure of Tax Liens By County of Sullivan.County of Sullivan
... ... Pease, 284 A.D.2d 871, 873, 727 N.Y.S.2d 717 [2001] ). County Court has authority to reopen the default judgment only where the motion to do so is brought within one month after its entry ( see RPTL 1131; Matter of Clinton County [Zachary], 299 A.D.2d 709, 710, 750 N.Y.S.2d 350 [2002], lvs.dismissed 99 N.Y.2d 610, 757 N.Y.S.2d 820, 787 N.E.2d 1166 [2003], 100 N.Y.2d 574, 764 N.Y.S.2d 382, 796 N.E.2d 473 [2003] ). Having failed to redeem its interest, answer the foreclosure proceeding or seek to reopen the default in ... ...