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MATTER OF ONTARIO

59 A.D.3d 1065 (2009)

872 N.Y.S.2d 805

In the Matter of the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article 11 of the Real Property Tax Law by COUNTY OF ONTARIO, Respondent. BRUCE EDWIN MIDDLEBROOK, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed in the exercise of discretion without costs, the motion is granted and the judgment entered February 29, 2008 is vacated.

Memorandum: Respondent appeals from an order denying his motion to vacate a judgment of foreclosure entered upon his default. According to respondent, the judgment was entered based on his failure to pay the sum of approximately...

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