Legal Opinion

McCann v. Scaduto

New York Court of Appeals

Decided December 23, 1987PublishedCited by 93 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

Each of these article 78 proceedings challenges the forfeiture of petitioner’s home under the former real estate tax collection enforcement provisions of the Nassau County Administrative Code (the Code)1 *111on the ground that the Code’s *170procedures violated the Federal constitutional guarantee of due process of law. We agree with petitioners that the Code’s failure to provide property owners with actual notice of tax lien sales was a deprivation of due process.

Summary of the Relevant Code Provisions

At the core of both proceedings are the former provisions of the Nassau…

2Cases cited21 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Fuentes v. ShevinSupreme Court of the United States · 1972
  4. Pennoyer v. NeffSupreme Court of the United States · 1878
  5. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971

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3Cited by93 opinions

  1. Josephine Weigner v. The City of New YorkCourt of Appeals for the Second Circuit · 1988
  2. Oneida Indian Nation v. Madison CountyCourt of Appeals for the Second Circuit · 2011
  3. Kennedy v. MossafaNew York Court of Appeals · 2003
  4. ISCA Enterprises v. City of New YorkNew York Court of Appeals · 1991
  5. King v. CuomoNew York Court of Appeals · 1993

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