In re the Foreclosure of Tax Liens
Opinion of the Court
In an in rem tax foreclosure proceeding, the City of Newburgh appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated October 31, 1994, which granted the motion of Prudential Home Mortgage Company, Inc., to enjoin the City of Newburgh from selling certain real property and directed the City of Newburgh to accept payment for unpaid taxes from Prudential Home Mortgage Company, Inc., in exchange for the transfer of a deed. The City of Newburgh’s notice of appeal from an order dated September 28,1994, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).
Ordered that the judgment is reversed, on the law, with costs, the order dated September 28,1994, is vacated, and the motion of Prudential Home Mortgage Company, Inc., is dismissed.
Subsequently, Prudential moved by order to show cause in the in rem tax foreclosure proceeding, inter alia, to enjoin the City from selling the property. After a hearing, the Supreme Court enjoined the City from selling the property, and ordered the City to accept the payment from Prudential and to transfer the deed to the property to Prudential. On appeal, we reverse.
The Supreme Court did not have jurisdiction to grant Prudential’s motion for an injunction in the in rem tax foreclosure proceeding because that proceeding had terminated with entry of the judgment dated November 23, 1993 (see, Niagara Mohawk Power Corp. v Great Bend Aggregates, 181 AD2d 998; Wilcox v Jefferson County Indus. Dev. Agency, 73 AD2d 1062).
In any event, contrary to Prudential’s contention, the record shows that the City administered its resolution regarding redemption of the foreclosed properties in an even-handed manner and thus, there was no violation of any constitutional protection provided to Prudential’s property interest. Mangano, P. J., Miller, Ritter and Hart, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.