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MATTER OF COUNTY OF ONTARIO

No. 884 CA 22-00147.

210 A.D.3d 1524 (2022)

176 N.Y.S.3d 814

2022 NY Slip Op 06611

In the Matter of the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article 11 of the Real Property Law by the County of Ontario, Appellant; John Messervey, Respondent.

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

Decided November 18, 2022.

Attorney(s) appearing for the Case

JASON S. DIPONZIO, ROCHESTER, FOR PETITIONER-APPELLANT.

WHITCOMB LAW FIRM, P.C., CANANDAIGUA (DAVID J. WHITCOMB OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present— Whalen, P.J., Peradotto, Lindley, Winslow and Bannister, JJ.

Appeal from an order of the Supreme Court, Ontario County (Charles A. Schiano, Jr., J.), entered July 16, 2021. The order, among other things, granted the motion of respondent to vacate a default judgment of foreclosure.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this in rem tax foreclosure proceeding pursuant to RPTL article 11, petitioner appeals from an order that, following a hearing, granted...

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