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FORECLOSURE OF TAX LIENS

Appellate Division of the Supreme Court of New York, Second Department.
Feb 6, 2002
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ORDERED that the order is affirmed, with costs.

Contrary to the contention of the appellant City of Newburgh (hereinafter the City), the Supreme Court providently exercised its discretion in granting the mortgagee's motion to vacate so much of a judgment of foreclosure as pertained to the subject property. Under the circumstances, the correct address of the mortgagee was "reasonably ascertainable" (RPTL 1125) and the City could have provided actual notice to the mortgagee without resorting to "extraordinary efforts" (Vilca v. Vil. of Port Chester, 255 A.D.2d 593, 594). Moreover, the court properly balanced the City's interest in avoiding costly verification procedures with "the individual's interest in actually being informed of proceedings affecting rights or property" (McCann v. Scaduto, 71 N.Y.2d 164, 173; see, Mullane v. Central Hanover Bank Trust Co., 339 U.S. 306, 314-315; Matter of Tax Foreclosure No. 35, 127 A.D.2d 220, affd 71 N.Y.2d 863).

The City's remaining contentions are without merit.

O'BRIEN, J.P., McGINITY, H. MILLER and ADAMS, JJ., concur.