MEI YUN LI v. QING HE XU (2007)

In an action for partition of certain real property, the defendant appeals from an order of the Supreme Court, Queens County (Kelly, J.), dated April 3, 2006, which denied his motion, inter alia, in effect, to vacate an auction sale of the subject property.

ORDERED that the order is affirmed, with costs.

 The Supreme Court properly denied the defendant's motion, inter alia, in effect, to vacate an auction sale of the subject property.   The plaintiff submitted an affidavit of mailing which raised a presumption that the notice of sale was properly mailed and received by the defendant (see Terlizzese v. Robinson's Custom Serv., Inc., 25 A.D.3d 547, 548, 806 N.Y.S.2d 418;  Matter of Rodriguez v. Wing, 251 A.D.2d 335, 336, 673 N.Y.S.2d 734).   The defendant's mere denial of receipt of the notice of sale was insufficient to rebut the presumption of proper mailing and receipt (see Terlizzese v. Robinson's Custom Serv., Inc., supra at 548, 806 N.Y.S.2d 418;  Matter of Rodriguez v. Wing, supra at 336, 673 N.Y.S.2d 734;  cf. Matter of Holland v. New York City, 271 A.D.2d 609, 610, 706 N.Y.S.2d 161).   Further, the price at the auction sale, 58% of the value of the property as alleged by the defendant, was not so low as to shock the conscience of the court (see NYCTL 1999-1 Trust v. N.Y. Pride Holdings, Inc., 34 A.D.3d 774, 825 N.Y.S.2d 521;  Dime Sav. Bank of N.Y. v. Zapala, 255 A.D.2d 547, 548, 680 N.Y.S.2d 665;  Provident Sav. Bank, F.A. v. Bordes, 244 A.D.2d 470, 664 N.Y.S.2d 103;  Long Island Sav. Bank of Centereach, F.S.B. v. Jean Valiquette, M.D., P.C., 183 A.D.2d 877, 584 N.Y.S.2d 127;  Polish Natl. Alliance of Brooklyn v. White Eagle Hall Co., 98 A.D.2d 400, 407, 470 N.Y.S.2d 642).

The defendant's remaining contention is raised for the first time on appeal, and thus, it is not properly before this court (see New York & Presbyt. Hosp. v. Progressive Cas. Ins. Co., 5 A.D.3d 568, 571, 774 N.Y.S.2d 72).