From Casetext: Smarter Legal Research

Matter of Diamond v. City of New York Dept

Appellate Division of the Supreme Court of New York, First Department
Nov 3, 1994
209 A.D.2d 193 (N.Y. App. Div. 1994)

Opinion

November 3, 1994

Appeal from the Supreme Court, New York County (Carol Huff, J.).


The Department of Finance adequately fulfilled the foreclosure notice requirement of Administrative Code of the City of New York § 11-406 (c) which was upheld as constitutional in Matter of ISCA Enters. v. City of New York ( 77 N.Y.2d 688, cert denied 503 U.S. 906). Furthermore, because petitioner entered into an in rem installment agreement with respondents shortly after the institution of the foreclosure action and then defaulted in making tax arrears payments, petitioner cannot now claim insufficient notice of the foreclosure proceeding (Matter of Tax Foreclosure No. 35, 71 N.Y.2d 863 ). Lastly, petitioner's claim that the In Rem Foreclosure Release Board's denial of petitioner's application for redemption was arbitrary and capricious is unfounded since petitioner fails to demonstrate that the agency acted fraudulently or illegally (Matter of Upper E. Side Community Dev. Corp. v. City of N Y Div. of Real Prop., 176 A.D.2d 649).

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Tom, JJ. [As amended by unpublished order entered Dec. 27, 1994.]


Summaries of

Matter of Diamond v. City of New York Dept

Appellate Division of the Supreme Court of New York, First Department
Nov 3, 1994
209 A.D.2d 193 (N.Y. App. Div. 1994)
Case details for

Matter of Diamond v. City of New York Dept

Case Details

Full title:In the Matter of DIAMOND L. M. RANCH ENTERPRISES, Appellant, v. CITY OF…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 3, 1994

Citations

209 A.D.2d 193 (N.Y. App. Div. 1994)
618 N.Y.S.2d 285

Citing Cases

Grant v. In Rem Foreclosure Release Board

It is well established that the determination whether or not to grant an application for the discretionary…

King Holding Corp. v. City of New York Department of Housing Preservation & Development

Before: Tom, J.P., Friedman, Nardelli and Sweeny, JJ., concur. Absent a showing of fraud or illegality,…