2025-442025-44
Resolution Authorizing Settlement of the Tax Certiorari Proceeding In the Matter of the
Application of Riverview Land Company, 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 January
27, 2025.
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 -2025-44
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
❑
❑
❑
Away
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Seconder
Q
❑
❑
❑
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilman
Phillips.
WHEREAS, the Town of Wappinger is a parry respondent in a certain tax certiorari proceeding
entitled In the Matter of the Application of Riverview Land Company, LLC v. Wappinger, Town
of, 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. 6056-01-174862 on the official assessment map of the Town of
Wappinger for the 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 Town's assessed valuation for the 2024 Assessment
roll from $1,023,300.00 to $950,000.00; and
WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Town
Special Districts based on the reduction of the 2024 Assessment, 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 [4 TO 01
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Joseph D. Cavaccini, Angela Bettina, Christopher Phillips, Al Casella
AWAY: William H. Beale
Dated: Wappingers Falls, New York
1/27/2025
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONE' TOWN CLERK
At a Special Term of the Supreme Court of
the State of New York, held for the County
of Dutchess at the County Courthouse, in
Poughkeepsie, New York on the
day of 2025
PRESENT:
Hon. JAMES V. BRANDS, J.H.O.
------------------------------------------------------------x
In the Matter of the Application of
RIVERVIEW LAND COMPANY, LLC,
-against-
WAPPINGER, TOWN OF,
Petitioner,
Respondents.
STIPULATION AND
ORDER OF
SETTLEMENT
Index No. 2024-53547
The Honorable
James V. Brands, J.H.O.
--------------------------------------------------------------------------- X
The above Petitioner having heretofore served and filed the Petition and Notice to review
the assessment fixed by the Town of Wappinger for the assessment upon certain real property
located in the Town of Wappinger designated on the Official Assessment Map of the Town of
Wappinger as Tax ID 6056-01-174862; and the Petitioner having appeared by LIANE V.
WATKINS, ESQ., of Watkins & Watkins, and the Respondent having appeared by JAMIE
SPILLANE, ESQ. AND BRENDAN LIBERATI, ESQ., of Hogan, Rossi & Liguori, for the
Town of Wappinger, and the parties having made their settlement, it is:
ORDERED that the assessments on the aforesaid properties be, and the same hereby are,
reduced, corrected and fixed as follows,:
1.57 River Road North: Tax ID 6056-01-174862-0000
Assessment Year Current Assessment Proposed Assessment
2024 $1,023,300 $950,000
and so reduced and confirmed, it is further
ORDERED, that the provisions of RP,TL 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
ORDERED, ADJUDGED AND DECREED, that the officer or officers having custody
of the assessment rolls upon which the abovementioned assessments and any taxes levied thereon
are entered shall correct the said entries in conformity with this Order and shall note upon the
margin of said rolls, opposite said entries, that the same have been corrected by the authority of
this Order, and it is further
ORDERED,, that there shall be audited, allowed and paid to the petitioner by the TOWN
OF WAPPINGER, where applicable, the amounts, of any Town and Special District taxes, if any,
paid by the petitioner as taxes against the erroneous assessment in excess of what the taxes would
have been if the said assessments had been determined by this Order, together with interest thereon
from the date of payment thereof as provided by statute, and it is further
ORDERED, that notwithstanding the foregoing, the Petitioner waives refund of any Town
and Town Special District taxes,, if any, paid by Petitioner as taxes against the erroneous
assessment in excess of what the taxes would have been paid on account of the 2024 Town Tax
Assessment Roll; and it is further
ORDERED, that there shall be audited, allowed and paid to the petitioner by the
WAPPINGER CENTRAL SCHOOL DISTRICT, the amount of School Taxes paid by the
Petitioner as taxes against the said erroneous assessments in excess of what the taxes would have
been if the said assessments made in the aforesaid year had been determined by this Order, together
with interest thereon from the date of payment thereof as provided by statute, and it is further
ORDERED AND DIRECTED, that the DUTCHESS COUNTY COMMISSIONER
OF FINANCE be and is hereby directed and authorized to audit, allow and pay to the petitioner,
where applicable, the amounts, if any, of County and ad valorem Special District taxes, if any, paid
by the petitioner as taxes against the erroneous assessments in excess of what the taxes would have
been if the said assessment had been determined by this Order, together with interest thereon from
the date of payment thereof as provided by statute, and it is further
ORDERED AND DIRECTED, that all tax refunds, if applicable, are to be paid with
interest pursuant to Section 726 of the Real Property Tax Law of the State of New York; except
that in the event the refund of taxes is paid within sixty (60) days from, the date of services of a
copy of this judgment with Notice of Entry, then interest is waived; together with the amounts of
interest, and penalties, if any, paid on the excess of any of the aforesaid taxes by reason of
delinquent payment, and it is further
ORDERED AND DIRECTED, that if applicable, all tax refunds hereinabove directed to
be made by Respondent, TOWN OF WAPPINGER, the WAPPINGER CENTRAL SCHOOL
DISTRICT, and the COMMISSIONER OF FINANCE OF THE COUNTY OF DUT'CHESS,
and/or any of the various, taxing authorities, be made by check or draft payable to the order of
WATKINS & WATKINS, as attorney for petitioner, who are to hold the proceeds as trust funds
for appropriate distribution, and who are to remain subject to the further jurisdiction of this Court
in regard to their attorney's lien, pursuant to Judiciary Law Section 475, and it is further
ORDERED, that this Order hereby constitutes and represents full settlement of the tax
review proceeding herein, and there are no costs or allowances awarded to, by or against any of
the parties, and that upon compliance with the terms of this Order, the above -entitled proceedings
be and the same are settled and discontinued with prejudice.
E N TE R
Hon. JAMES V. BRANDS, J.,H.O,
I I all DI Oki M-MMMALION&I -xh3l owl -M IWIL 9-0`110
Liane V. Watkins, Esq.
Watkins & Watkins, Attorney for Petitioner
340 US 202
Somers, New York 10589
(914) 428,-1292
watkiii�s(�i),watkinsandwatkins,law.com
Jamie Spillane, Esq.
Brendan Liberati, Esq.
Hogan & Rossi, Attorney for Respondent
3 Starr Ridge Road, Suite 200
Brewster, New York 10509
(845) 279-2986
jspillanc@hrllawyers.com
blibesti @
,y)hrl lawyers. com