Saxton v. Hose

This is a proceeding instituted under the provisions of article 78 of the Civil Practice Act to compel the *323County Treasurer of Suffolk County to cancel certain tax sales occurring in November, 1952.

By petition verified November 18, 1955 the petitioners herein sought to have the County Treasurer cancel said sales pursuant to the provisions of section 40-c of the Suffolk County Tax Act (L. 1941, ch. 99, amdg. L. 1920, ch. 311). The County Treasurer denied the petition and this proceeding was instituted to review his action.

Respondent moves to dismiss the proceeding on the grounds (a) that it…