Robinson v. City of New York
Opinion of the Court
—In a proceeding pursuant to CPLR article 78 to review a determination by the respondent In Rem Foreclosure Release Board, dated February 23, 1993, which denied the petitioner’s application to release certain real property and to challenge the acquisition of that property by the respondent City of New York, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Greenstein, J.), entered June 3, 1994, as dismissed the proceeding.
Ordered that the judgment is affirmed insofar as appealéd from, with costs.
In an in rem tax foreclosure action, all proceedings taken,
Furthermore, the petitioner’s claim that the denial by the In Rem Foreclosure Release Board of his application for release was arbitrary and capricious is unfounded because the petitioner had a history of tax arrearages on the property and the property had been left vacant for many years (see, Matter of McDonuts Real Estate v Board of Estimate, 146 AD2d 697). Additionally, the petitioner failed to demonstrate that fraud or illegality played a part in the determination by the Board not to release the property (see, e.g., Matter of Swift v Board of Estimate, 178 AD2d 534; Matter of Raff a v Department of Gen. Servs., 153 AD2d 561). Santucci, J. P., Altman, Friedmann and Florio, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.