Opinion
2013-01563, Index No. 10999/11.
01-21-2015
In the Matter of FORECLOSURE OF TAX LIENS, etc. City of Peekskill, respondent, v. Dashley Realty, Inc., appellant.
George W. Echevarria, Ossining, N.Y., for appellant. Edward P. Dunphy, Corporation Counsel, Peekskill, N.Y. (Marie R. Hodukavich of counsel), for respondent.
George W. Echevarria, Ossining, N.Y., for appellant.
Edward P. Dunphy, Corporation Counsel, Peekskill, N.Y. (Marie R. Hodukavich of counsel), for respondent.
Opinion In a proceeding pursuant to RPTL article 11 to foreclose a tax lien, Dashley Realty, Inc., appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Walker, J.), dated October 1, 2012, which granted the petitioner's motion for summary judgment on the petition and awarded the subject property to the petitioner.
ORDERED that the order and judgment is affirmed, with costs.
In response to the petitioner's prima facie showing, inter alia, that it complied with the notice requirements for a tax foreclosure proceeding (see RPTL 1125 ; In Rem Tax Foreclosure Action No. 47, 19 A.D.3d 547, 548, 798 N.Y.S.2d 82 ; Sendel v. Diskin, 277 A.D.2d 757, 758–759, 716 N.Y.S.2d 471 ), the appellant failed to demonstrate the merit of its defenses or the existence of any triable issues of fact (see RPTL 1130 ; RPTL 1134 ). In particular, the appellant admitted that it received actual notice of the proceeding (see Matter of Vilca v. Village of Port Chester, 255 A.D.2d 593, 594, 681 N.Y.S.2d 291 ; Pompe v. City of Yonkers, 179 A.D.2d 628, 629, 578 N.Y.S.2d 585 ). In addition, the appellant's defense that the amount assessed was incorrect was properly rejected (see Matter of County of Orange [Al Turi Landfill, Inc.], 75 A.D.3d 224, 239, 903 N.Y.S.2d 60 ; Matter of County of Orange [CKC of N.Y.], 278 A.D.2d 416, 717 N.Y.S.2d 375 ).
The appellant's remaining contentions are either not properly before this Court or without merit.
Accordingly, the Supreme Court properly granted the petitioner's motion for summary judgment on the petition and awarded the subject property to the petitioner.
RIVERA, J.P., SKELOS, ROMAN and MILLER, JJ., concur.