In re the Foreclosure of Tax Liens

Motion for stay denied. Memorandum: Respondents, Robert and Delores Acker, have appealed from an order of Erie County Court that granted petitioner, Thomas Yox, a writ of assistance pursuant to RPAPL 221, and are presently seeking a stay of the order pending the determination of the appeal.

Respondents’ claim on appeal is that County Court lacked jurisdiction to hear petitioner’s motion. Respondents’ attorney, by refusing to articulate the basis for this jurisdictional objection before County Court, despite repeated requests by the Judge to do so, has failed to provide this court with a…