2024-1442024-144
Resolution Authorizing Settlement of the Tax Certiorari Proceeding In the Matter of the
Application of MARSHALL 31, LLC
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 24,
2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-144
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Mover
Q
❑
❑
❑
Al Casella
Seconder
Q
❑
❑
❑
The following Resolution was introduced by Councilman Phillips and seconded by
Casella.
WHEREAS, the Town of Wappinger is a parry respondent in a certain tax certiorari proceeding
entitled Marshall 31, LLC v. Town of Wappinger Assessor, Town of Wappinger Board of
Assessment Review, and the Town of Wappinger, Dutchess County, New York, currently pending
in the Supreme Court, State of New York, County of Dutchess, in which the total assessed
valuation of certain real property located in the Town of Wappinger, New York and designated
as Tax Map No. 135601-6158-19-688002-0000 on the official assessment map of the Town of
Wappinger for the 2021, 2022, and 2023 Assessment Roll are being contested; and
WHEREAS, the Assessor of the Town of Wappinger and the Petitioner have agreed to settle the
proceeding; and
WHEREAS, the parties agree to reduce the assessed valuation as follows:
Assessment Year
2021
2022
2023
2024
Current Assessment
$3,400,000
$3,400,000
$3,570,000
$3,570,000
Proposed Assessment
$3,060,000
$2,720,000
$2,677,500
$2,677,500
WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Town
Special Districts based on the reduction of the 2021, 2022, and 2023 Assessments; and
WHEREAS, the parties agree to reduce the Town's 2024 tentative assessed valuation from
$3,570,000 to $2,677,500; and
WHEREAS, the assessed valuation of $2,677,500 shall also held pursuant to RTL 727 and will
not be subject to challenge for three years following this settlement; and
WHEREAS, the Town Assessor and Town Counsel have recommended that the Town Board
accept the settlement proposal as set forth above.
NOW, THEREFORE, BE IT RESOLVED, as follows:
I. The Town Board hereby approves and ratifies the settlement of the above-described
proceeding as recommended by the Town Assessor.
2. The Town Board hereby authorizes the Town Supervisor, Hogan, Rossi & Liguori, as
Town Attorney, and/or the Town Assessor to execute any and all documents necessary to give
effect to this resolution
The foregoing was put to a vote which resulted as follows:
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
Al Casella, Councilman
AYES:
Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
6/24/2024
The Resolution is hereby duly declared Adopted.
JOSEj''P. PAOLONI, TOWN CLERK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
--------------------------------------------------------------------------x
MARSHALL 31, LLC STIPULATION AND
ORDER OF
Petitioner, SETTLEMENT
-against-
Index Nos.
TOWN OF WAPPINGER ASSESSOR, TOWN OF
WAPPINGER BOARD OF ASSESSMENT REVIEW, 2021-52830
and the TOWN OF WAPPINGER, DUTCHESS 2022-52298
COUNTY, NEW YORK, 2023-52579
Respondents. The Honorable
James Brands, J.S.C.
To Review Real Property Assessments Pursuant to Article
7 of the Real Property Tax Law.
---------------------------------------------------------x
WHEREAS, Petitioner Marshall 31, LLC ("Petitioner"), by and through its attorneys,
Whiteman Osterman & Hanna LLP (Lou Lewis, Esq.), commenced tax assessment proceedings
under Real Property Tax Law ("RPTL") Article 7 for the tax year 2021-2022 bearing index number
2021-52830, the 2022-2023 tax year bearing index number 2022-52298, and the 2023-2024 tax
year bearing index number 2023-52579 (collectively, the "Proceedings") against Respondents the
Town of Wappinger Assessor ("Assessor"), the Town of Wappinger Board of Assessment Review,
and the Town of Wappinger, Dutchess County, New York (collectively, the "Town"), which, by
and through their attorneys, Hogan, Rossi & Liguori (Jamie Spillane, Esq. and Brendan Liberati,
Esq.) duly appeared in the Proceedings; and
WHEREAS, the County of Dutchess ("County"), the Wappingers Central School District
("School District"), and the Village of Wappingers Falls ("Village") did not intervene or otherwise
appear in the Proceedings; and
WHEREAS, Petitioner and the Town are collectively referred to as the "Parties"; and
WHEREAS, the real property at issue in the Proceedings is situated in the Town and
described on the Town's 2021, 2022 and 2023 final assessment rolls for the tax years 2021-2022,
2022-2023, and 2023-2024, and on the Town's 2024 tentative assessment roll for the tax tear 2024-
2025 as:
Address SBL No.
29-31 Marshall Road 135601-6158-19-688002-0000
(the "Property"); and
WHEREAS, the Parties have engaged in settlement discussions and have agreed to fully
resolve their differences upon the terms of this Stipulation and Order of Settlement ("Stipulation
and Order") without further litigation; and
WHEREAS, the Parties have authorized their attorneys to enter into this Stipulation and
Order; and
WHEREAS, the Stipulation and Order is in the best interests of the Parties; now
UPON reading and filing of the Stipulation and Order; it is hereby:
STIPULATED AND ORDERED that the Proceedings shall be discontinued, with
prejudice, upon full compliance with the terms of this Stipulation and Order. In the event that the
2021, 2022, 2023, and 2024 assessed valuations of the Property are not set as provided in this
Stipulation and Order, the Proceedings shall be immediately restored to the trial calendar; and it is
further
STIPULATED AND ORDERED that the assessments on the aforesaid Property be, and
the same hereby are, reduced, corrected, and fixed as follows:
Assessment Year Current Assessment Proposed Assessment
2021 $3,400,000 $3,060,000
2022 $3,400,000 $2,720,000
2023 $3,570,000 $2,677,500
2024 $3,570,000 $2,677,500
STIPULATED AND ORDERED that the provisions of RPTL 727 shall apply to the terms
of this Stipulation and Order such that the Property's reduced 2024 assessment set forth in this
Stipulation and Order shall also be the respective final assessment for the Property on the Town's
2025, 2026 and 2027 assessment rolls; and it is further
STIPULATED AND ORDERED that the officer or officers having custody of the Town's
final assessment and tax rolls upon which the property taxes for the Property are levied are hereby
directed to correct the 2021, 2022, and 2023 final assessment roll, to correct the 2024 tentative
assessment roll, and to set the 2025 through 2027 final assessment rolls so that each is in
conformity with this Stipulation and Order; and it is further
STIPULATED AND ORDERED that the Petitioner waives any refunds from the Town,
including, without limitation, Town Special Districts and Town Ad Valorem Assessments, if any,
based on the reduction of the Property's assessment on the 2021, 2022, and 2023 tax rolls; and it
is further
STIPULATED AND ORDERED that, upon the Town's correction of the 2021, 2022, and
2023 final assessment and tax rolls to reflect the reduced assessed valuation set forth above, the
officer or officers charged with generating and issuing County tax bills for the 2021-2022, 2022-
2023, and 2023-2024 tax years shall issue to Petitioner corrected real property tax bills for the
2021-2022, 2022-2023, and 2023-2024 tax year, if any, using the reduced assessed valuation for
3
the Property set forth in this Stipulation and Order, and Petitioner shall pay said corrected tax bills
in lieu of any County real property tax bills previously issued for 2021-2022, 2022-2023, and
2023-24 tax years, if any, with respect to the Property; and it is further
STIPULATED AND ORDERED that, upon the Town's correction of the 2021, 2022, and
2023 final assessment and tax rolls to reflect the reduced assessed valuation set forth above, the
officer or officers charged with generating and issuing the School District tax bills for the 2021-
2022, 2022-2023, and 2023-2024 tax years, if any, shall issue to Petitioner corrected real property
tax bills for the 2021-2022, 2022-2023, and 2023-2024 tax years, if any, using the reduced assessed
valuation for the Property set forth in this Stipulation and Order, and Petitioner shall pay said
corrected tax bills in lieu of any School District real property tax bills previously issued for 2021-
2022, 2022-2023, and 2023-2024 tax years, if any, with respect to the Property; and it is further
STIPULATED AND ORDERED that, upon the Town's correction of the 2021, 2022, and
2023 final assessment and tax rolls to reflect the reduced assessed valuation set forth above, the
officer or officers charged with generating and issuing the Village tax bills for the 2021-2022,
2022-2023, and 2023-2024 tax years, if any, shall issue to Petitioner corrected real property tax
bills for the 2021-2022, 2022-2023, and 2023-2024 tax years, if any, using the reduced assessed
valuation for the Property set forth in this Stipulation and Order and Petitioner shall pay said
corrected tax bills in lieu of any Village real property tax bills previously issued for 2021-2022,
2022-2023, and 2023-2024, if any, tax years with respect to the Property; and it is further
STIPULATED AND ORDERED that, in the event Petitioner has paid a County, School
District, or Village tax bill for the 2021-2022, 2022-2023, or 2023-2024 tax year based on the prior,
unreduced assessed valuation, Petitioner shall be issued refunds for said tax bills based on the
reduced assessed valuation of the Property set forth in this Stipulation and Order; however, as
4
indicated above, the Petitioner waives any and all refunds from the Town including, without
limitation Town Special District and Town Ad Valorem assessments, if any, based on the reduction
to the 2021, 2022, and 2023 rolls; and it is further
STIPULATED AND ORDERED that the Parties represent that the individuals executing
this Stipulation and Order have been fully authorized by their respective clients to enter into this
Stipulation and Order with the intent of binding the Parties and all taxing jurisdictions to the terms
of this Stipulation and Order; and it is further
STIPULATED AND ORDERED that an executed copy of this Stipulation and Order,
with Notice of Entry, shall be entered and docketed in the County Clerk's Office and filed among
the Assessor's permanent records; and it is further
STIPULATED AND ORDERED that this Stipulation and Order may be signed in one or
more counterparts, each of which shall be deemed to be an original and all of which when taken
together shall constitute the same Stipulation and Order. Any signed copy of this Stipulation and
Order made by photocopy or facsimile shall be considered an original.
[Signatures on Next Page]
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Dated: June , 2024
Jamies Spillane
Brendan Liberati
Hogan, Rossi & Liguori
Attorneys for Respondents
3 Starr Ridge Road, Suite 200
Brewster, New York 10509
Tel: (845) 279-2986
Email: jspillane@hrllawyers.com
Email: bliberati@hrllawyers.com
ZIXI : 1 . 1
Honorable James Brands, J.S.C.
C
Dated: June 17 , 2024
Whiteman Osterman & Hanna, LLP
Attorneys for Petitioner
510 Haight Avenue
Poughkeepsie, New York 12603
Tel: (518) 487-7777
Email: Ilewis@woh.com
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