AR Fules c/o Metro Property Group
ST ATE OF NEW YORK
SUPREME COURT: COUNTY OF DUTCHESS
In the Matter of the Application of AR FUELS c/o
METRO PROPERTY GROUP,
Petitioner,
NOTICE OF PETITION
Index No. 2007- <t 1 t{t.(
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Respondent.
RECFI\fI-',
JUL 3 0 2007
TOWN CLERK
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ASSESSOR OF THE TOWN OF WAPPINGER
AND THE TOWN OF WAPPINGER, COUNTY
OF DUTCHESS, NEW YORK,
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PLEASE TAKE NOTICE, that on the annexed verified Petition, an application will be
made at Special Term, Supreme Court, at the County Courthousel~".New York, on the
26th day of Octpber, 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 the Court may
deem just and proper.,
Dated: ~\1.Lt \A
PORZIO BROMBERG & NEWMAN, P.c.
Attorneys for Petitio el c/o Metro
Property Gro
~
'cha . A. Paff, Esq.
Porzio Bromberg & Newman, P.C.
100 Southgate Parkway
Morristown, New Jersey 07960
(973) 889-4362
1138035
STATE OF NEW YORK
SUPREME COURT: COUNTY OF DUTCHESS
In the Matter of the Application of AR FUELS c/o
METRO PROPERTY GROUP,
Petitioner,
PETITION
v.
Index No. 2007- tj 1 t{ L(
ASSESSOR OF THE TOWN OF WAPPINGER
AND THE TOWN OF WAPPINGER, COUNTY
OF DUTCHESS, NEW YORK,
Respondent.
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
Section/Block/Lot No. See attached Scheduled A and located at Route 376 and Maloney Road,
Wappinger, New York.
2.
The property has been assessed by the Respondent for the tax year 2007/08 as
follows:
Please see attached Schedule A
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 said assessment rolls of the Town of
Wappinger made by the same officers for the tax year 2007/08. Petitioner specifies as the
instances in which inequality exists, the assessments of all real property made by the same
1138033
..
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 and/or Board of
Assessors 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 the said assessment has been just and equal.
5. Heretofore your Petitioner caused to be filed with the Board of Assessment
Review for the Town of 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; 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 See attached Schedule A 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 appropriate refunds and interest, and for such other and further relief as to the Court may
seem just and proper, together with costs.
1138033
Schedule A
Assessment
Petitioner Address SBL# Land Total ReQuested Assessment
Metro Property Route 376 6259-02-538866-0000 $45,000 $135,000 $ 101,250
Metro Property Route 376 6259-02-544878-0000 $48,500 $147,000 $ 110,250
Metro Property Route 376 6259-02-564876-0000 $90,500 $148,000 $ 111,000
Metro Property 510 Maloney Road 6259-02-575863-0000 $105,000 $3,200,000 $ 2,400,000
Metro Property Maloney Road 6259-02-583857-0000 $800 $2,800 $ 2,100
Metro Property 510 Maloney Road 6259-02-593861-0000 $112,500 $1,700,000 $ 1,275,000
Metro Property 510 Maloney Road 6259-02-635855-0000 $395,000 $8,000,000 $ 6,000,000
Metro Property 510 Maloney Road 6259-02-705840-0000 $175,000 $7,400,000 $ 5,550,000
Metro Property Maloney Road 6259-02-681675-0000 $869,900 $869,900 $ 653,000
1138021
Dated: '7\-zw~
PORZIO BROMBERG & NEWMAN
Attorneys for Plaintiff AR Fuels c/o Metro
Property Group.
1138033
VERIFICATION
STATE OF NEW JERSEY )
COUNTY OF MORRIS )
CITY OF MORRISTOWN )
Michael A. Paff , being duly sworn, deposes and says: I resides in the County of
Middlesex and State of New York and am an attorney at law and the duly authorized attorney
and agent appointed by the Petitioner for the institution of this proceeding. I have read the
foregoing Petition and know the contents thereof, that the same is true to my knowledge, except
as to those matters therein stated to be alleged upon information and belief, and as to those
matters, I believe them to be true.
The source of my information and knowledge, and the grounds of my belief as to all
matters therein stated to be alleged upon information and belief, are various reports received by
me from representatives and agents of the Petitioner in reference to the matters at issue, said
representatives and agents having knowledge of the said matter at issue.
Sworn to Before Me, this
,,--:-
'2\., day of ~ ,2007.
~~
Notary PMRtmINAA. MONDOlA
A Notary Public of New Jersey
My Commission Expires March 24, 2011
1138033
AUTHORIZA nON
Aggrieved Party:
Metro Property Group, LLC
1 West Red Oak
White Plains, NY 10604
The undersigned, being an aggrieved person within the meaning of the Real Property Tax
Law, or an officer or partner of such aggrieved person, hereby authorizes:
Bruce 1. Stavitsky, Esq.
Porzio, Bromberg & Newman, P.C.
156 West 561h Street
New York, NY 10019-3800
or any attorney employed by this finn, until all proceedings are finally re~olved, to act as our agent,
representative, and attorney to:
(1) Make and serve a statement (also known as a complaint or protest) pW'suant to Section 512 (1)
of the RPTL, specifYing the respect in which the assessment of the property listed below is
illegal, erroneous, or unequal; and
(2) Respond and appear in any proceedings before the Board of Assessment Review on behalf of
the undersigned with respect to any matters relating to the foregoing.
(3) Respond and appear in any judicial proceedings on behalf of the undersigned, with respect to
any matters relating to the foregoing.
(4) Claim, receive, and process an and all property tax refunds resulting from said firm's
representation in any assessment reduction proceedings.
This Authorization applies to the following orooertv located in the
MWlicipality of: ~~~-e.r
County of: \.)J1tht.c;.S
Dated:
"\2~\cPr
Signed:
Sheld
Address:
~c- ~ltA
Title: Member
1029101
Dutchess
In2~~ I l{? '1 f.{
COUNTY CLERK'S OFFICE / 7 (~j) I :;J 7
Application for Index Number Pursuant to
Section 8018 (a) Civil Practice Law and Rules
Fee $305.00
Title of Action or Proceeding
Nature and Object of Action
In the Matter of the Application of AR FUELS c/o METRO PROPERTY
GROUP.
Civil
x
Infancy
Petitioner,
Matrimonial
vs.
ASSESSOR OF THE TOWN OF WAPPINGER AND TOWN OF
WAPPINGER, COUNTY OF DUTCHESS, NEW YORK.
Respondents.
Attorneys for Petitioner(s):
Michael A. Paff, Esq.
Porzio, Bromberg & Newman. P.C.
Olllce & P.O. Address:
100 Southgate Parkway
MOITistown, New Jersey 07960
Phone:
(973) 889-4362
Att011leys for Respondent(s):
Olllce & P.O Address:
Phone:
Name of Payor:
Indexed by:
Entered by:
Endorse this INDEX NUMBER
Assigned on the Top Right Corner
on all Papers and advise your
Adversary of the number and assigned.
PAYOR' RECEIPT
Index Number
SUPREME COURT COUNTY OF DUTCHESS
In the Malter of the Application of AR FUELS c/o METRO
PROPERTY GROUP,
Petitioner,
vs.
ASSESSOR OF THE TOWN OF WAPPINGER AND
TOWN OF WAPPINGER, COUNTY OF DUTCHESS,
NEW YORK,
Respondents.
Du tc hess
By:
County Clerk's Ofllce
1138028
. .
UCS-840 (REV 1/2000)
SUPREME COURT, DUTCHESS
REQUEST FOR JllDICIAL INTERVENTION
For Clerk Only
COUNTY
IAS entry date
PETITIONER(S)
In the Matter of the Application of AR FUELS clo METRO PROPERTY
GROUP,
.Judge Assigned
DEFENDANT(S):
Assessor' of the Town of Wappinger, and the Town of Wappinger, County of
Dutchess, New York.
R.JI Date
D
D
Bill of particulars served (Y /N):
Date issue joined:
Yes
No
NATURE OF JlJDICIAL INTERVENTION (check ONE box only AND enter information)
D Request for preliminary conference
D Note of issue and/or certificate of readiness
D Notice of motion (retulll date):
Relief Sought:
D Order to show cause
(clerk enter retulll date):
Relief Sought:
D Other ex-parte application (specify):
NATURE OF ACTION OR PROCEEDING (Check ONE box only)
MATRIMONIAL
D Contested
D
Uncontested
-CM
-UM
COMMERCIAL
D Contract
D
D
D
D
-CONT
-CORP
-INS
-UCC
-OC
Corpora te
Insurance (where insurer is a party, except arbitration)
UCC (including sales, negotiable instruments)
*Other Commercial
REAL PROPERTY
~ Tax Certiorari -TAX
D Foreclosure -FOR
D Condemnation -COND
D Landlord/Tenant -LT
D *Other Real Property -ORP
~
D
D
D
D
Notice of petition (retulll date): 10/26/07
Relief sought:
Order Reducing Assessment
Notice of medical or dental malpractice action (specify):
Statement of net worth
Writ of habeas corpus
Other (specify):
D
D
D
TORTS
Malpractice
Medical/Podiatric
Dental
*Other Professional
-MM
-OM
-OPM
D
D
Motor Vehicle
*Products Liability
-MV
-PL
D
D
D
D
Environmental
Asbestos
Breast Implant
*Other Negligence
-EN
-ASB
-BI
-OTN
D
*Other Tort (including intentional)
-OT
D
D
SPECIAL PROCEEDNGS
Art. 75 (Arbitration)
Art. 77 (Trusts)
-ART75
-ART77
.
0 Art. 78 - ART7S
OTHER MATTERS 0 Election Law - ELEe
0 * -OTH 0 Guardianship (MHL Art. SI) - GUARDSI
0 *Other Mental Hygiene -MHYG
0 * Other Special Proceeding -OSP
Check "YES" or "NO" for each of the followinl! Questions:
]s this Action/Proceeding against a:
[g]
NO
o Municipality:
(Specify Town 01) Wappinger)
YES
o
NO
o Public Authority:
(Specify)
YES
YES NO
o [g] Does this action/proceeding seek equitable relief'?
o C8J Does this action/proceeding seek recovery for personal injlll)'ry
o C8J Does this action/proceeding seek recovery for property damagery
Pre-Note Time Frames:
(This applies to all cases except contested matrimonials and tax cer'tionri cases)
Estimated time period for case to be ready for trial (li'om filing of RJI to filing of Note of Issue):
o Expedited: O-S months
o Standard: 9-]2 months
o
Complex: ] 3-15 months
Contested Matrimonial Cases Only: (Check and give date)
Has summons been servedry
o
o
No
o Yes, Date
o Yes, Date
Was a Notice of No Necessity filedry
No
ATTORNEY(S) FOR PETITlONER(S):
Self Name Address Phone #
Reo.*
0 Michael A. Paff, Esq. 100 Southgate Parkway 973-538-4006
Porzio Bromberg & Newman, Morristown, New Jersey 07960
P.c.
0
ATTORNEY(S) FOR DEFENDANT(S):
Self Name Add,-ess Phone #
Rt'J!. *
0 Albert P. Roberts, Esq. 1611 Route 9 845-298-2000
Wappinger Falls, New York
12590
0
*Self Represented: parties representing themselves, without an attorney, should check the "Self Rep." box and enter their name, address,
and phone # in the space provided above for attorneys.
INSURANCE CARRIERS:
RELATED CASE(S): (IF NONE write "NONE" below)
Title
Index #
Court
Nature of Relationship
NONE
Dated: '"":1) z<' \ ~
//(SI
~~.
1 AFFIRM UNDER THE PENALTY OF PERJURY THAT. TO MY KNOWLEDGE. OTHER TH
BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR J L IN
THIS ACTION OR PROCEEDING
"
Michael A. Paff
(PRINT OR TYPE NAME)
Petitioner
A TTORNEY FOR
ATTACH RIDER SHEETS IF NECESSARY TO PROVIDE REQI1IRED INFORMATION.