People v. Arnink

Judgment affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for judgment of foreclosure for the plaintiff as prayed for in the complaint, in the following memorandum: A fundamental error was made by the County Treasurer in thinking he had the right to sell the property in question because the State Department of Taxation and Finance and the Department of Audit and Control had returned his list without noting whether this property was or was not to be advertised to be sold as provided in section 157 of the Tax Law. The treasurer had no power to sell…