Legal Opinion
Harner v. County of Tioga
New York Court of Appeals
Decided June 30, 2005PublishedCited by 65 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
Once again we consider whether a county provided a property owner constitutionally adequate notice of a foreclosure proceeding upon a tax delinquency. Applying the test set forth in Kennedy v Mossafa (100 NY2d 1 [2003]), we conclude that due process was satisfied in this case where the notices of foreclosure sent by certified mail pursuant to RPTL 1125 (1) (a) 1 were returned “unclaimed,” but. the ordinary mailings were not, and the County took no steps to obtain an alternative address.
In 1982, petitioner Donald Harner purchased the property at issue, a single…
2Cases cited4 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Kennedy v. MossafaNew York Court of Appeals · 2003
- ISCA Enterprises v. City of New YorkNew York Court of Appeals · 1991
- MATTER OF ZACCARO v. CahillNew York Court of Appeals · 2003
3Cited by65 opinions
- Oneida Indian Nation v. Madison CountyCourt of Appeals for the Second Circuit · 2011
- Luessenhop v. Clinton CountyCourt of Appeals for the Second Circuit · 2006
- IndyMac Bank, F.S.B. v. Yano-HoroskiAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Foreclosure of Tax Liens by County of ClintonAppellate Division of the Supreme Court of the State of New York · 2006
- Temple Bnai Shalom of Great Neck v. Village of Great Neck EstatesAppellate Division of the Supreme Court of the State of New York · 2006
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