2010-3512010-351
Resolution Authorizing the Settlement of Tax Certiorari Proceeding Regarding 228 Myers
Corners, 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
November 18, 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 Czamiecki
Joseph P. Paoloni
The following Resolution was introduced by Supervisor Colsey and seconded by
Councilman Paoloni.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2004, 2005, 2006, 2007, 2008, 2009 and 2010 by 228 Myers
Corners, LLC, regarding premises located at 228 Myers Corners Road, Grid No.: 6259-02-
702520, seeking a reduction in the 2004, 2005, 2006, 2007, 2008, 2009 and 2010 tax assessment
for the applicable tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement in
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 years 2004, 2005, 2006, 2007, 2008, 2009 and 2010, as it pertains to Grid
No.:6259-02- 702520.
Original Reduction in Final
Year Assessment Assessment Assessment
2004/2005 600,000 -0- 600,000
2005/2006 600,000 -0- 600,000
2006/2007 600,000 75,000 525,000
2007/2008 2,100,000 950,000 1,150,000
2008/2009 2,100,000 950,000 1,150,000
2009/2010 2,100,000 950,000 1,150,000
2010/2011 2,100,000 950,000 1,150,000
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
11/18/2010
The Resolution is hereby duly declared adopted.
+HN. MASTERSON, TOWN CLERK
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Gellert & Klein, P.c.
Leonard KleinCounsel
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Attorneys at Law
Arthur L. Gellert
Stephen E. Ehlers
75 Washington Street •Poughkeepsie, NY 12601
S. Nina Gellert
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Geoghegan
John A. Ge
(845) 454-3250
Ra ina E. Maissel
Justice George D. Marlow
Ju
Weigert
Lillian S. We
S.
(845) 454-4652 fax
Appellate Division (Ret.)
Scott L.Volkman
ofWise*Senator
Stephen M. Saland
David
Roderick J. MacLeod
Robert C. Vincent, Jr.
Harrington
Bevin S. Ha
Westchester County Office Columbia County Office
er *
Kelly L. Traver
3010 Westchester Avenue Suite 302 2210 Route 7
Joseph H. Gellert
Noe
Robert E. N
Purchase, NY 10577 Copake, NY 12516
(1 907-1989)
Richardson •
Pamela B. R
(914) 249-0100 (518) 329-1533 tel/fax
M. Corrado
Elizabeth M
(914) 249-0111 fax
Iso Admitted in CT
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November 12, 2010 NOV
1 � 2010
Town Board R�C�IV�
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: 228 Myers Corners, LLC vs. Town of Wappinger
Our File No.: 27036.1129
Dear Supervisor Colsey and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
years of 2004, 2005, 2006, 2007, 2008, 2009 and 2010. There is one parcel of land located at
228 Myers Corners Road. The Assessor has negotiated a settlement of the above referenced
proceeding by reducing the assessment from $600,000 to $525,000 ($1,500,000 FMV) for 2006
and reducing the assessment from $2,100,000 to $1,150,000 for 2007 through 2010. Since we
have a 100% equalization rate that reflects fair market value. There are no reductions for 2004
and 2005. The Assessor will provide you with a recommendation and a refund analysis for your
consideration. Additionally, refunds will be payable without interest if paid within 60 days.
I enclose herewith a Resolution for your consideration at the November 18, 2010. Town
Board meeting. Your favorable consideration at that time, would be greatly appreciated.
Very truly yours,
SLV/br
Enc.
cc: Christian Harkins, Assessor
Chris Masterson, Town Clerk
FAUSER\clients\W\Wappinger - Town\Tax Certs\228 Myers Comers\11-2010 tr to TB w resolution.wpd