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B-178601 1 (1973-12-13)

handle is hein.gao/gaobaadsl0001 and id is 1 raw text is: rL9 I 9 COMPTROLIXR GENF.RAL OF THIE UNITMD STATES 3K WAUIIINCVCON, fl,C, M041 o ill 1-178601 December 13, L973 I 1r, oria Redlich, Corportion O(mhaal Law Department The City of New York )tmicipal Building 11aw York, N1e York 10007 Dear irc. Redlich: Reference in wide to your letter, dated Juno 20, 1973, requesting reconideration of your~raquost for4rolease of iulieni favor of .the United States on property omed by the Ciy o.I lI ork, knowi as 258-262 Siegel Street, Brooklyn, Raw York. As you were previously informed by latter datd June 4, 1973p B-178601, our authority in this matter is coafined to the pro:odure sat forth in section 2410(o) of title 28, United States Code, and, since the Padrtvat Uodsing AdrAnistration had not furnished thee aceosary report to the Comptroller General, these procedural requirrmuto had not been %at, Purthrmoro, we pointed out that evn i such procedural requiremuets could be met, th record showel that the applicant in this casO was the owner of the proporty, rather tMa ono tit has a ile a ho property no stipulated in the statute. Tierefore, your rnqiaq-t was denied since your epplication did not meet tho statutory requirementa. You now contend that the torm lion as usCi nU ?0 U.S.C, 2410(c) does not lone it basic characteristic because it ws foraclonod, since the foreclosura wa s inaffective vis-a-vie thu titerast' of the Daitod Staton. In otha nords, it in your view that au betwo'n (ho United States and t un city of Neow Yort, the city sti.l has a lieu r:&thor than foa ownarohip nince it failed to srvo the ovornent in its forc- closura actioa as required by 28 U.S.C. 2410. oevtc lu arn not persuaded by this arguc'nt a=d have consiete'ntly construed the statute otherirleo. When a tax lien is foreclosed by an action in ren,' the deed executed pursumt to authority of section 1136, Roal Property Tax Lw, tIcrinny'o Conoolidntod Laws of Now Yor,., Annotated, convryi au esta\te in fea cimple. However, the property in quostion is ntill subject to a lion in fuuor of the United Statea for failure to comply vith the BEST DOCUMENT AVAILABLF 7e6'3341

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