Opinion
March 10, 1983
Appeal from the Rockland County Court, HARRY EDELSTEIN, J.
Plunkett Jaffe, P.C. ( Joel H. Sachs of counsel), for appellant.
Birbrower, Montalbano, Condon, Seidenberg Frank, P.C. ( Susan Corcoran of counsel), for respondent.
Marc L. Parris, County Attorney, and Richard C. Fields, P.C., for County of Rockland and another, third-party defendants-appellants.
MEMORANDUM.
Order affirmed, without costs.
We affirm the decision of the court below which vacated the sale and revested the title to the property in the County of Rockland. We disagree with the court's comments about resolution number 167 of 1979 and insofar as the determination of the court below is deemed to have set it aside, we decline to follow it. Review of said resolution is only proper by way of an article 78 proceeding (see CPLR 7803, subd 3).
FARLEY, P.J., SLIFKIN and WIDLITZ, JJ., concur.