In re Foreclosure of Tax Liens

Before property may be sold in a foreclosure sale, the owner is entitled to actual notice of the sale (see, Matter of McCann v Scaduto, 71 NY2d 164, 177). The petition alleges that the County mailed the notice to petitioner’s former address, although petitioner’s new address was a matter of public record. Because the County did not submit any evidence in response to the petition, the allegations of the petition must be taken as true (see, Kissell v County of Erie, 138 AD2d 965, 965-966; Kornowski v County of Erie, 75 AD2d 1019). Those allegations, along with documentary evidence submitted by…