Gelbrecht v. Commissioner of Finance

Appellate Division of the Supreme Court of New York

Gelbrecht v. Commissioner of Finance

210 A.D.2d 333, 620 N.Y.S.2d 292, 1994 N.Y. App. Div. LEXIS 12514

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1994

StatusPublished

This text of 210 A.D.2d 333 (Gelbrecht v. Commissioner of Finance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gelbrecht v. Commissioner of Finance, 210 A.D.2d 333, 620 N.Y.S.2d 292, 1994 N.Y. App. Div. LEXIS 12514 (N.Y. Ct. App. 1994).

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Opinion

—In a proceeding to annul an in rem tax foreclosure conducted pursuant to Real Property Tax Law, article 11, title 3, and set aside the conveyance of the subject property, the petitioner appeals from an order of the Supreme Court, Dutchess County (Jiudice, J.), entered June 29, 1993, which granted the motion of the Commissioner of Finance, County of Dutchess, to dismiss the petition.

Ordered that the order is affirmed, with costs to the Commissioner of Finance, County of Dutchess.

Having failed to interpose an answer in the tax foreclosure proceeding, the petitioner is precluded from obtaining the relief she seeks (see, Matter of Valente v Culver, 124 AD2d 950). Thompson, J. P., Miller, O’Brien, Santucci and Joy, JJ., concur.

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—In a proceeding to annul an in rem tax foreclosure conducted pursuant to Real Property Tax Law, article 11, title 3, and set aside the conveyance of the subject property, the petitioner appeals from an order of the Supreme Court, Dutchess County (Jiudice, J.), entered June 29, 1993, which granted the motion of the Commissioner of Finance, County of Dutchess, to dismiss the petition.

Ordered that the order is affirmed, with costs to the Commissioner of Finance, County of Dutchess.

Having failed to interpose an answer in the tax foreclosure proceeding, the petitioner is precluded from obtaining the relief she seeks (see, Matter of Valente v Culver, 124 AD2d 950). Thompson, J. P., Miller, O’Brien, Santucci and Joy, JJ., concur.

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Bluebook (online)

210 A.D.2d 333, 620 N.Y.S.2d 292, 1994 N.Y. App. Div. LEXIS 12514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelbrecht-v-commissioner-of-finance-nyappdiv-1994.

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