| Matter of Foreclosure of Tax Liens by City of Schenectady. |
| Motion No: 2022-49 |
| Slip Opinion No: 2022 NY Slip Op 64983 |
| Decided on April 26, 2022 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
In the Matter of the Foreclosure of Tax Liens by City of Schenectady.
City of Schenectady,
Respondent-Appellant;
Kenrick Permaul et al.,
Respondents,
Wen Mei Lu-Whitney,
Appellant-Respondent,
et al.,
Respondents.
On the Court's own motion, appeal, insofar as taken by the City of Schenectady against respondents Elizabeth Ayers, Gaston Hooks, Jr., Frank Popolizio, Jason Sacks, and Mark Sokol, dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution; appeal, insofar as taken by the City of Schenectady against respondents Kenrick Permaul, Tracey Sykes, and Andrew Wisoff, dismissed, without costs, upon the ground that, in an in rem tax foreclosure proceeding by a municipality, a dissent as to one parcel does not permit an appeal to this Court as of right by the municipality as to parcels separately owned as to which the Appellate Division unanimously resolved the proceeding (see Matter of City of New York, 304 NY 785, 786 [1952]; see also Matter of Whitestone Bridge Approach, in Borough of Queens, City of N.Y., 293 NY 684, 685 [1944]).
Motion by Wen Mei Lu-Whitney for leave to appeal denied.
Motion for a stay by Wen Mei Lu-Whitney dismissed as academic.