IN RE: the FORECLOSURE OF TAX LIENS BY CITY OF SCHENECTADY. (2022)

On the Court's own motion, appeal, insofar as taken by the City of Schenectady against respondents Elizabeth Ayers, Gaston Hooks, Jr., Frank Popolizio, Jason Sacks, and Mark Sokol, dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution; appeal, insofar as taken by the City of Schenectady against respondents Kenrick Permaul, Tracey Sykes, and Andrew Wisoff, dismissed, without costs, upon the ground that, in an in rem tax foreclosure proceeding by a municipality, a dissent as to one parcel does not permit an appeal to this Court as of right by the municipality as to parcels separately owned as to which the Appellate Division unanimously resolved the proceeding (see Matter of City of New York, 304 N.Y. 785, 786, 109 N.E.2d 81 [1952]; see also Matter of Whitestone Bridge Approach, in Borough of Queens, City of N.Y., 293 N.Y. 684, 685, 56 N.E.2d 297 [1944]).

Motion by Wen Mei Lu-Whitney for leave to appeal denied.

Motion for a stay by Wen Mei Lu-Whitney dismissed as academic.