Legal Opinion

Kennedy v. Mossafa

New York Court of Appeals

Decided February 25, 2003PublishedCited by 81 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

In this case we consider whether the procedures used by a county to foreclose on a property following a tax delinquency satisfied constitutional due process even though the owner never actually learned about the proceeding. We conclude that due process was satisfied.

I

In 1983, appellant purchased the property at issue, a residential vacant lot of about 20 acres located in the Town of Newburgh, Orange County. Appellant reported her address as Blaisdell Road, Orangeburg, New York on a form she filed with the County Clerk, who forwarded a copy to the Town Assessor. It…

2Cases cited8 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  3. Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
  4. McCann v. ScadutoNew York Court of Appeals · 1987
  5. Congregation Yetev Lev D'Satmar, Inc. v. County of SullivanNew York Court of Appeals · 1983

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3Cited by81 opinions

  1. Jones v. FlowersSupreme Court of the United States · 2006
  2. Oneida Indian Nation v. Madison CountyCourt of Appeals for the Second Circuit · 2011
  3. Harner v. County of TiogaNew York Court of Appeals · 2005
  4. In re the Foreclosure of Tax Liens by County of ClintonAppellate Division of the Supreme Court of the State of New York · 2006
  5. Akey v. Clinton CountyCourt of Appeals for the Second Circuit · 2004

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