Randall Benderson 1993-1 Trust
STATE OF NEW YORK
SUPREME COURT
COUNIY OF DUTCHESS
In the Matter of the Application of
RANDALL BENDERSON 1993-1 TRUST
Petitioner,
NOTICE OF PETITION
Index # 2007- ~ ~13
RJI # 33-07-
Vs.
TOWN OF WAPPINGER ASSESSOR, BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF WAPPINGER AND THE TOWN OF
WAPPINGER, COUNTY OF DUTCHESS, NEW YORK,
Respondents.
SIRS:
PLEASE TAKE NOTICE, that on the annexed verified Petition, an application
will be made at Special Term, Supreme Court, at the Dutchess County Courthouse,
Poughkeepsie, New York on the 26th day of September, 2007 at 9:30 a.m., for an
order pursuant to Article 7 of the Real Property Tax Law correcting and reducing the
assessed valuation of real property of the Petitioner based upon the grounds set
forth in said Petition, and for such other and further relief as to the Court may deem
just and proper.
Dated:
July 24, 2007
Yours, etc.
SIDNEY DEVORSETZ PLLC
~~'-
Sidney Devorsetz, Esq.
Attorney for Petitioner
307 South Townsend Street
The Hamilton White House
Syracuse, NY 13202
Telephone: 315422 6600
By:
RECF:IVt-1 J
JUL 2 5 2007
TOWN CLERK
STATE OF NEW YORK
SUPREME COURT
COUNTY OF DUTCHESS
In the Matter of the Application of
RANDALL BENDERSON 1993-1 TRUST,
Petitioner,
PETITION
Index # 2007r~~4S
RJI # 33-07-
Vs.
TOWN OF WAPPINGER ASSESSOR, BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF WAPPINGER AND THE TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW YORK,
Respondents.
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The Petitioner above named, by its attorneys, respectfully shows and alleges
as follows:
1. At all times hereinafter mentioned, Petitioner was and still is an
aggrieved party and a taxpayer owner/lessee of real property in the
Town of Wappinger, County of Dutchess, New York and known and
designated on the Tax Map of the Town of Wappinger as 6158-10-
497508 and located at 1701 Route 9, Wappinger, New York.
2. The property has been assessed by the Respondent for tax year
2007/08 as follows:
Land: $265,000
Total: $10,000,000
3. The assessment is erroneous as excessive, overvalued, unlawful
(illegal) and unequal on the following grounds, among others:
The assessment is unequal in that it has been made at a higher
proportionate valuation than the assessments of other real property on
the same assessment rolls of the Town of Wappinger made by the
same officers for tax year 2007/08. Petitioner specifies as the
instances In which inequality exists, the assessments of all real
property made by the same officers in the Town of Wappinger for the
aforesaid tax year. The assessment is excessive because it is greater
than the fair market value of the subject property. The assessment is
unlawful and/or illegal as the Assessor has included within the
assessment non-assessable and/or non real property items, thereby
violating Real Property Tax Law Section 300, and the New York State
Constitution.
4. Your Petitioner is aggrieved and has been or will be injured by said
unequal, unlawful and excessive assessment and will be required to
pay a greater amount and proportion of taxes than would be required
if said assessment had been just and equal.
S. Heretofore your Petitioner caused to be filed with the Board of
Assessment Review for the Town of Wappinger a due and timely
complaint, notice of protest or grievance requesting that said
assessment be corrected and reduced and the Board of Assessment
Review did not reduce the assessment or reduced the assessment to
an amount that remains unequal, excessive and illegal; therefore, the
Respondent failed and refused to make such correction as requested.
WHEREFORE, your Petitioner prays for an Order reducing the assessed
Valuation of Petitioner's property to an assessed value thereof in the amount
Dated:
of $3,357,000 and to a valuation proportionate to the assessments of other
real property assessed on the same rolls for the same tax year made by the
same officers, so that equality of assessment will result, together with the
appropriate refunds and interest, and for such other and further relief as to
the Court may seem just and property, together with costs.
July 24, 2007
RANDALL BENDERSON 1993-1 TRUST
By: ~-&-
Sidney De rsetz, Esq.
Designated Agent
-
. .-..
DESIGNATION FOR EXECUTING AND VERIFYING
PROTESTS AND/OR PROCEEDINGS
FOR JUDICIAL REVIEW
The undersigned, as or on behalf of the owner/lessee of the real
property described below, hereby authorizes and designates Sidney
Devorsetz and any other designated counselor agent to act as
representatives of the owner/lessee to execute, verify and file any and
all protests and/or petitions for judicial review of the assessment
against said real property located in the Town of Wappinger, Village of
Wappinger Falls, Dutchess County, New York identified as tax map
#6158-10-497508 and located at 1701 Route 9 as it appears on the
Town's 2007/08 assessment roll.
RANDALL BENDERSON
1993-1 TRUST
BY:~~
David H. Baldauf
Title: Trustee
Cif>'
Date: July /...0 , 2007
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