Opinion
June 4, 1990
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
Contrary to the plaintiff's contention, the case of Matter of McCann v. Scaduto ( 71 N.Y.2d 164) is inapplicable to the instant facts. There the Court of Appeals held that a notice of tax lien sale by publication was constitutionally defective, as it failed to provide actual notice to the property owner. The situation in McCann is distinguishable from the present case in that the provision of the Nassau County Administrative Code challenged by the plaintiff provides for actual notice, by certified mail return receipt requested, to a property owner's residence. Therefore, the plaintiff's claim has no merit. Mangano, P.J., Lawrence, Rubin and Balletta, JJ., concur.