The City of New York, Petitioner-Respondent, v. Family House Real Estate Corp., Respondent-Appellant. (2003)

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about December 9, 2002, which denied respondent's motion to vacate an in rem judgment of foreclosure granted on default, unanimously affirmed, with costs.

Respondent's conclusory denial of receipt of notice of the foreclosure action is insufficient to rebut the presumption of receipt raised by the deed conveying title to the City (see Matter of Tax Foreclosure Action No. 33, 141 A.D.2d 437, 437-438, 530 N.Y.S.2d 820, appeal dismissed 73 N.Y.2d 915, 539 N.Y.S.2d 295, 536 N.E.2d 624).   In any event, such presumption became conclusive when, four months after entry of the final judgment, respondent had not yet instituted proceedings to set aside the deed (Administrative Code of City of N.Y. § 11-412.1[h] ).  We also note that respondent fails to substantiate his claim that the interest and penalties imposed on the parcel were improper.