NYCTL 2011-A Trust v Keane, 2019 NY Slip Op 03350 [172 AD3d 735]

May 1, 2019

Appellate Division, Second Department

[*1]

NYCTL 2011-A Trust et al., Respondents,

v

Wendell Keane et al., Appellants, et al., Defendants.

Felton & Associates, Brooklyn, NY (Regina Felton of counsel), for appellants.

Phillips Lytle LLP, Rochester, NY (Anthony J. Iacchetta of counsel), for respondents.

In an action to foreclose a tax lien, the defendants Wendell Keane and Annette Ross Keane appeal from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Kings County (Mark I. Partnow, J.), dated May 26, 2016. The order and judgment of foreclosure and sale granted the plaintiffs’ motion, inter alia, to confirm a referee’s report and for a judgment of foreclosure and sale, confirmed the referee’s report, and directed the sale of the subject premises.

Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

In this action to foreclose a tax lien, the plaintiffs established their entitlement to a judgment of foreclosure and sale and confirmation of the referee’s report ( see Bank of N.Y. Mellon Trust Co. v Loodus , 160 AD3d 797 , 798 [2018]). Contrary to the contention of the defendants Wendell Keane and Annette Ross Keane (hereinafter together the defendants), the documentary evidence they submitted in opposition to the plaintiffs’ motion failed to establish that they satisfied the subject tax lien ( see NYCTL 1997-1 Trust v Denis , 147 AD3d 966 , 967 [2017]).

The defendants’ remaining contentions are improperly raised for the first time on appeal and, therefore, are not properly before this Court. Leventhal, J.P., Barros, Connolly and Iannacci, JJ., concur..