2025-44 (2)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.
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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