2020-115
2020-115
Resolution Authorizing The Settlement Of Tax Certiorari Proceedings Regarding
Diopter, LLC Et Al.
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 8,
2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2020-115
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Mover
The following Resolution was introduced by Casella and seconded by Councilman
Phillips.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2018 and 2019 by Diopter, LLC / Hackensack Realty, LLC /
Treasure Lake, LLC / Upper Highlands, LLC, regarding real property located at 187 New
Hackensack Road in the Town of Wappinger, Tax Grid # 6258-01-022981, seeking a reduction
in the 2018 and 2019 tax assessment for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
these tax review proceedings; and
WHEREAS, the petitioner has agreed to waive any refund of Town taxes for the
aforementioned years as part of a negotiated settlement: now, therefore be it
RESOLVED, that the Town Board of the Town of Wappinger hereby approves a
settlement on behalf of the Town of Wappinger of the tax review proceedings for the years 2018
and 2019, as it pertains to:
187 New Hackensack Road, Tax Grid # 6258-01-022981
ASSESSMENT ASSESSMENT REDUCED ASSESSMENT AMOUNT OF
ROLL REDUCTION
2018 $1,196,000 $1,000,000 $196,000
2019 $1,196,000 $1,000,000 $196,000
; and be it further
RESOLVED, that the assessment on the property designated as Tax Grid # 6258-01-
022981 on the tax map and assessment roll of the Town of Wappingers for the assessment year
2020 shall be listed and finally assessed at $1,000,000.
RESOLVED, that the Town Supervisor, Town Assessor and Craig M. Wallace, Esq.,
Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary
and appropriate to effectuate the terms of this Resolution.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
6/8/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK