Hartsfield v. City of New York

OPINION OF THE COURT

Sullivan, J.

This appeal presents the issue of whether a Referee in a *143mortgage foreclosure proceeding, appointed both to compute and to sell at public auction premises as to which the city had previously taken title in an in rem tax foreclosure proceeding, had the authority to apply, pursuant to Administrative Code of the City of New York § 11-424 (f), for a release of the city’s interest in the premises. We find, inter alia, that since the Referee was an ineligible person, as defined in the Administrative Code, to seek such release, and, in any event, exceeded the powers…