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Allegany County committee authorizes Phillips Lytle to handle in rem tax foreclosures

2138444 · January 8, 2025
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Summary

The Allegany County Ways and Means Committee on Jan. 8 approved a resolution to hire Phillips Lytle as outside counsel for in rem tax foreclosure proceedings, citing recent court decisions and state legislation changes as reasons for retaining experienced counsel.

The Allegany County Ways and Means Committee voted Jan. 8 to authorize the county to employ Phillips Lytle as outside counsel for in rem tax-foreclosure proceedings and to ratify the county treasurer’s signature on the firm agreement.

The action was presented by the county attorney, who asked the committee to approve a resolution “authorizing to employ Phillips Lytle, as our outside counsel for the 2023 in REM tax foreclosure proceedings under the real property tax law article 11 and also, to ratify the county treasurer's signature on the agreement with Phillips Lytle.” The county attorney said the firm has a long history of handling Allegany County’s tax searches and foreclosure work and that recent legal developments make outside counsel useful for the coming proceedings.

“The Hennepin decision and New York State legislation changing this year” were cited by the county attorney as reasons to retain counsel experienced with the revised legal landscape, and the attorney said Phillips Lytle is “well versed in it and will help us through our first tax foreclosure proceeding.”

The committee approved the resolution by voice vote. Committee discussion did not record additional vote tallies in the transcript. The county attorney’s request also asked the committee to ratify the county treasurer’s signature on the agreement with Phillips Lytle.

Why it matters: the committee framed the move as a permissive, risk-management step tied to recent case law and state statutory changes affecting in rem foreclosures under Real Property Tax Law Article 11.

No further implementation dates or contract amounts were stated during the committee discussion.