| IN THE MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO THE IN REM PROVISIONS OF THE ERIE COUNTY TAX |
| Motion No: CA 21-01135 |
| Slip Opinion No: 2021 NY Slip Op 75714(U) |
| Decided on December 3, 2021 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 21-01135
| IN THE MATTER OF FORECLOSURE OF TAX LIENS BY PROCEEDING
IN REM PURSUANT TO THE IN REM PROVISIONS OF THE ERIE COUNTY TAX ACT AND THE RESOLUTION OF THE ERIE COUNTY
LEGISLATURE AS SHOWN BY RESOLUTION NO. 54 AT PAGE 179 OF THE MINUTES OF THE PROCEEDINGS OF SAID LEGISLATURE FOR THE YEAR
2019. MELISSA NEAL, PETITIONER-RESPONDENT; FEDDER LOFTS, LLC, RESPONDENT, COUNTY OF ERIE,
RESPONDENT-APPELLANT.
|
Petitioner having moved to dismiss the appeal taken herein from an order of the Supreme Court, Erie County, entered July 13, 2021, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is denied, and
It is further ORDERED that the motion insofar as it seeks an order directing appellant to deliver the deed to petitioner is denied without prejudice and leave to renew any contentions in support of or, in opposition to this aspect of the motion in the parties' briefs and at oral argument, and
It is further ORDERED that the motion insofar as it seeks costs and sanctions is denied.
Entered: December 3, 2021
Ann Dillon Flynn
Clerk of the Court