MATTER OF FORECLOSURE OF TAX LIENS. COUNTY OF ROCKLAND, PETITIONER/ COUNTERCLAIM RESPONDENT/ DEFENDANT-res; ALBERTO CASTRO, ET AL., RESPONDENTS/ COUNTERCLAIM RESPONDENTS/ DEFENDANTS-RESPONDENTS; LUTHER GUTHRIE, INTERVENOR/ COUNTERCLAIM PETITIONER/ PLAINTIFF-ap; ROCKLAND COUNTY LEGISLATURE ADDITIONAL COUNTERCLAIM RESPONDENTS/def-res — (INDEX NO. 10241/07)In a proceeding to foreclose a tax lien pursuant to RPTL article 11, in which Luther Guthrie intervened and thereupon counterclaimed, inter alia, (a) pursuant to CPLR article 78 to review a resolution of the Rockland County Legislature dated September 7, 2010, which permitted former property owners whose properties had been transferred to the County of Rockland in a RPTL article 11 in rem tax foreclosure proceeding and sold at a public auction on June 9, 2010, by the County of Rockland as a consequence of delinquencies in the payment of real property taxes, among other things, to redeem their respective properties, and (b) for a judgment declaring that Luther Guthrie, as the highest bidder at the public auction on property formerly belonging to Alberto Castro and Sandra Castro, is entitled to delivery of the deed to the subject property, permanently enjoining the County of Rockland from reinstating ownership of the subject property to Alberto Castro and Sandra Castro, and directing the County of Rockland to execute and deliver the deed to the subject property to Luther Guthrie upon his payment of the balance of the purchase price, Luther Guthrie appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Rockland County (Jamieson, J.), entered May 11, 2011, as denied the petition pursuant to CPLR article 78, in effect, dismissed the counterclaim, and determined that the resolution was validly enacted.
ORDERED that the judgment is affirmed insofar as appealed from, with one bill of costs to Alberto Castro and Sandra Castro, payable by Luther Guthrie.