2009-321QUIRSM
Resolution Authorizing Settlement of Tax Certiorari - Agustin Rodriguez
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 October 13, 2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called,
the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (arrived at 6:08 PM)
Vincent F. Bettina
Maureen McCarthy (arrived at 7:28 PM)
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by Councilman
Bettina.
WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari
proceeding, commenced in 2009 by Agustin Rodriguez, regarding premises located at 601 Old Route 9
North, Grid # 6157-02-542585-00, seeking a reduction in the 2009 assessment for the tax roll; and
WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review
proceeding.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of Town of Wappinger hereby
approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year
2009, as it pertains to Grid # 6157-02-542585-00, as follows:
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2009/2010 $1,600, 000.00 $400,000.00 $1,200,000.00
and
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert &
Klein, P.C., 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:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
10/13/2009
The Resolution is hereby duly declared adopted.
(10CL��
HN C. MASTERSON, TOWN CLERK
rffl Gellert & Klein, P.c
Attorneys at Law
Leonard Klein
Counsel
Arthur L. Gellert
Stephen E. Ehlers
75 Washington Street • Poughkeepsie, NY 12601
S. Nina Gellert
John A. Geoghegan
(845) 454-3250
Raina E. Maissel °
Lillian S. Weigert
Scott L. Volkman
(845) 454 4652 fax
Justice George D. Marlow
David R. Wise*
Appellate Division (Ret.)
Senator Stephen M. Saland
Roderick J. MacLeod
Robert C. Vincent, Jr.
Bevin S. Harrington
Kelly L. Traver *
Westchester County Office Columbia County Office
Daniel H. Stock
3010 Westchester Avenue Suite 302 2210 Route 7
Joseph H. Gellert
Pamela B. Richardson
Purchase, NY 10577 Co ake, NY 12516
(1907-1989)
Laura E. Vincenzi
(914) 249 0100 (518)329-1533 tel/fax
(914) 249-0111 fax
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
*Also Admitted in CT
WWW.gklaW.us Also Admitted in NJ
October 6, 2009 *Also Admitted in England
Re: Agustin Rodriguez vs. Town of Wappinger
Grid No.: 6157-02-542585
Our File No.: 27036.7629
Dear Supervisor Colsey and Town Board Members:
The premises involving the above -referenced is a vacant 6.45 acre parcel located at 601 Old Route 9
North, in the Town of Wappinger. The matter involves a proceeding for the year 2009 only. The property was
assessed at $1,600,000.00, and calls for a reduction in assessment $400,000.00 to an agreed upon assessment of
$1,200,000.00. Since the property is assessed at 100% equalization rate the reduced value reflects the agreed
upon market value as well. This number was agreed to by the Assessor in consultation with Don McGrath.
It is my recommendation, along with the Assessor that the Board favorably consider this settlement.
Since only the current year is at issue, there will be no refunds for the Town or County taxes as the reduction
should be in effect before the 2010 bills are issued. There will be School tax refunds since the 2009-2010
School Tax bills have already been issued.
If you have any questions in the meantime, please do not hesitate to contact my office.
Very truly ours,
4
SLVbr L. VOLKMAN
Enc.
cc: Christian Harkins, Assessor
Christopher Masterson, Town Clerk
FAUSER\clients\W\Wappinger - Town\Tax Certs\Rodroguez, Agustin\10-6-09 Itr w settlement resolution.wpd