Opinion
November 3, 1994
Appeal from the Supreme Court, New York County (Carol Huff, J.).
The Department of Finance adequately fulfilled the foreclosure notice requirement of Administrative Code of the City of New York § 11-406 (c) which was upheld as constitutional in Matter of ISCA Enters. v. City of New York ( 77 N.Y.2d 688, cert denied 503 U.S. 906). Furthermore, because petitioner entered into an in rem installment agreement with respondents shortly after the institution of the foreclosure action and then defaulted in making tax arrears payments, petitioner cannot now claim insufficient notice of the foreclosure proceeding (Matter of Tax Foreclosure No. 35, 71 N.Y.2d 863 ). Lastly, petitioner's claim that the In Rem Foreclosure Release Board's denial of petitioner's application for redemption was arbitrary and capricious is unfounded since petitioner fails to demonstrate that the agency acted fraudulently or illegally (Matter of Upper E. Side Community Dev. Corp. v. City of N Y Div. of Real Prop., 176 A.D.2d 649).
Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Tom, JJ. [As amended by unpublished order entered Dec. 27, 1994.]