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2010-2092010-209 Resolution Authorizing Settlement of the Tax Certiorari Proceeding Regarding John Davis Trustee and Headlee Management Corp. 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 14, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2009 by John Davis Trustee and Headlee Management Corp., regarding premises located at 1491 Route 9, Grid # 6157-02-600971-00, seeking a reduction in the 2009 tax assessment for the 2009/2010 assessment; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction in said tax roll reduction; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of this tax review proceeding NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2009/2010, as it pertains to Grid No.: 6157-02-600971-00. Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 1,518,750 -0- 1,518,750 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 actions 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 ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/14/2010 The Resolution is hereby duly declared adopted. (1- - r 1* 0. .7 - �' -1 HN C. MAS ERSON, TOWN CLERK Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: John Davis Trustee and Headlee Management Corp. vs. Town of Wappinger Our File No. 27036.7229 Dear Supervisor Colsey and Town Board Members: Attached is a Resolution for your consideration regarding the respective settlement in the above captioned tax certiorari proceeding for the sole pending year of 2009, by John Davis Trustee and Headlee Management Corp. This is the former Arby's Restaurant at 1491 Route 9. In anticipation of the settlement during the 2010 Board of Assessment Review process, the petitioner agreed to withdraw their prior proceeding. Therefore, there will be no reduction in the assessment and therefore, no refund liability. If you have any further questions, please do not hesitate to contact me. Very truly yours, GELL T & KLE C. BY: SLV\br SCOTT L. VOLKMAN Enc.�� �D cc: Christian Harkins, Assessor i EC� Chris Masterson, Town Clerk JUN 0 q 2Q13 TOWN OF WAPPI�NK ER TOWN CLERK - F:\USER\clients\W\Wappinger - Town\Tax Certs\Headlee Management\6-8-10 ltr to TB w resolutoin.wpd Gellert & Klein, P -c- Attorneys at Law Counsel Leonard Klein Arthur L. GellertS. 75 Was Street •Poughkeepsie, NY 12601 Nina Gellert Raina E. Maissel° Stephen E. Ehlers John A. Geoghegan (845) 454-3250 Justice George D. Marlow Appellate Division (Ret.) Lillian S. Weigert (845) 454-4652 fax Senator Stephen M. Saland Scott L. Volkman Robert C. Vincent, Jr. David R. Wise" Roderick J. MacLeod Bevin S. Harrington Westchester County Office Columbia County Office 210 Route 7 Joseph H. Gellert Kelly L. Traver' Pamela B. Richardson 3010 Westchester Avenue Suite 302 Purchase, NY 10577 Copake, NY 12516 (1907-1989) Elizabeth M. Corrado (914) 249-0100 (518) 329-1533 tel/fax (914) 249-0111 fax *Also Admitted in CT klaW.US www.gklaw.us Also Admitted in NJ °Also Admitted in England June 8, 2010 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: John Davis Trustee and Headlee Management Corp. vs. Town of Wappinger Our File No. 27036.7229 Dear Supervisor Colsey and Town Board Members: Attached is a Resolution for your consideration regarding the respective settlement in the above captioned tax certiorari proceeding for the sole pending year of 2009, by John Davis Trustee and Headlee Management Corp. This is the former Arby's Restaurant at 1491 Route 9. In anticipation of the settlement during the 2010 Board of Assessment Review process, the petitioner agreed to withdraw their prior proceeding. Therefore, there will be no reduction in the assessment and therefore, no refund liability. If you have any further questions, please do not hesitate to contact me. Very truly yours, GELL T & KLE C. BY: SLV\br SCOTT L. VOLKMAN Enc.�� �D cc: Christian Harkins, Assessor i EC� Chris Masterson, Town Clerk JUN 0 q 2Q13 TOWN OF WAPPI�NK ER TOWN CLERK - F:\USER\clients\W\Wappinger - Town\Tax Certs\Headlee Management\6-8-10 ltr to TB w resolutoin.wpd