2024-1652024-165
Resolution Authorizing Settlement of the Tax Certiorari Proceeding In the Matter of the
Application of Pie -Shaped Development Corp C/O Outback Steakhouse #3354
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 August
19, 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 -2024-165
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Voter
Q
❑
❑
❑
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilman Beale.
WHEREAS, the Town of Wappinger is a parry respondent in a certain tax certiorari proceeding
entitled Pie -Shaped Development Corp C/O Outback Steakhouse #3354 v. Board of Assessment
Review and/or Assessor of the Town of Wappinger 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. 6158-04-623038 on the official
assessment map of the Town of Wappinger for the 2022, 2023, and 2024 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 Current Assessment Proposed Assessment
2022 $1,777,200.00 $1,777,200.00
2023 $1,777,200.00 $1,777,200.00
2024 $1,866,100.00 $1,700,000.00
WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Town
Special Districts based on the reduction of the 2022, 2023, and 2024 Assessments, if any; 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:
1. 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: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
8/19/2024
The Resolution is hereby duly declared Adopted.
JOSEP4 P. PAOLONI, TOWN CLERK