Elant at Fishkill dba Elant @ Wappingers Falls Inc
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Section: 6158
Block: 18
Lots: 359123
Identification No:6158-18-359123
Client Id: ADULT HOME
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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IN THE MATTER OF
NOTICE OF PETITION
Index No.
Lft./;J1- 07
Elant at Fishkill, Inc. dba Elant @ Wappiners Falls Inc.
Petitioner(s)
Name of Assigned Judge
-against-
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for Wappingers Central
School District
Oral Argument is not Requested
Respondents
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Upon the annexed petition of the Elant at Fishkil1, Inc. dba Elant @ Wappiners Falls
Inc., sworn to on July 19, 2007, The Petitioner will move this court at the County
Courthouse, 22 Market Street, Poughkeepsie, N.Y. 12601 on the 5 day of September, 2007 at
9:30 A.M. for an order reducing/exempting the assessed valuation of real property of the
Petitioner as set forth in said petition, and for such other and further relief as to the
Court may seem just and proper.
The above-entitled proceeding is brought under Article 7 of the Real Property Tax Law
for review of real property assessed valuation.
RECF:IVt-1 J
JUL 2 0 2007
TOWN CLERK
Dated: July 19, 2007
(
To: Respondents above named
Town of Wappingers
Attorney for Respondents
20 Middlebush Road, Wappinger Falls, NY 12590
BRANDT, STEINBERG & LEWIS LLP
386 Park Avenue South, Suite 600
New York, New York 10016
212) 563-2200
, '
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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IN THE MATTER OF INDEX NO.
Elant at Fishkill, Inc. dba Elant @
Wappiners Falls Inc.,
Petitioner(s),
PETITION FOR REVIEW OF REAL
PROPERTY ASSESSMENT
-Against-
Section: 6158
Block: 18
Lot: 359123
Identification No.: 6158-18-359123
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for Wappingers Central
School District
Respondents
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TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The petitioner above named, respectfully shows and alleges as follows:
1.At all times hereinafter mentioned, the petitioner was and still is a
not-for profit corporation and owner of real property in the Town of Wappingers,
County of Dutchess, State of New York, known and designated on the
Assessment Roll of the said municipality as:
SECTION; 6158
BLOCK; 18
LOT: 359123
10 NO.: 6158-18-359123
2. Said property has been assessed by the Respondents for the tax year 2007/08
as follows:
LAND: $75,000
TOTAL: $1,922,550
3. Said assessments are erroneous as excessive, unlawful and unequal on the following
grounds:
(a) Said assessments are unequal in that they have been made at a higher proportionate
valuation than the assessment of other real property on the said assessment roll of the said
municipality for the aforesaid tax year. Petitioner specifies as the instances in which
inequality exists, the assessment of all the land, real estate and real property in the said
municipality for the aforesaid year. All other real property upon this tax roll for this
year has been assessed at 40% of full value. The correct equalized full value of Petitoner'1
real property is $400,000.
(b) Said assessments are excessive in that the subject real property has been assessed
at a greater value than the full value thereof. The full value of the subject property is
$1,000,000 and the extent to which the subject assessment is excessive is $922,550.
(c) Said assessments are unlawful in that the subject real property is owned by a not-
for-profit corporation and is exclusively used for hospital purposes as a State licensed not-
for-profit nursing home, therefore should be exempt of real property taxes.
4. Your Petitioner is aggrieved and has been or will be injured by said unlawful
unequal and excessive assessment and will be required to pay a greater amount and
proportion of taxes than would be required if the said assessment had been
just and lawful.
5. Heretofore your Petitioner caused to be filed with the Respondents
a due and timely notice of protest requesting that said assessment be
corrected/reduced to $400,000 and declared tax exempt and Respondents 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 the true value thereof and to a valuation proportionate
to the assessments of other real property assessed on the same rolls for the same tax year,
and declaring said property exempt of real estate taxation, and for such
x
x
x
x
x
other and further relief as to the Court may seem just and proper, together
with costs.
Elant@Fishkill Inc dba Elant @ WappingersFalls Inc
PETITIONER
by:
- Authorized Agent
V E R I FIe A T ION
State of New York
ss:
County of New York
Hubert J. Brandt, being duly sworn, deposes and says:
that he is the authorized agent of Elant@Fishkill Inc dba Elant @ WappingersFalls Ine
the Petitioner herein, that deponent has read the foregoing Petition
and know the contents thereof, that the same is true of his own
knowledge, except as to matters therein stated to be alleged on
information and belief and as to those matters, he believes it to be
true.
randt - Authorized Agent
Sworn to me this
Iq day of July, 2007
I!%~i~
UELANE J. BROCK
tIaIIIY PubIC. State 01 New'lolk
No. 01BR4881124
~InWelltCh8SW~
Can-.Jlllm ExplIe8 Dee. 22. 20
AUTHORIZATION
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
HUBERT J. BRANDT, RICHARD A. STEINBERG or WILLA I. LEWIS, to act as our agent for
the assessment year 2007 to:
(1) Make and serve a statement (also known as a complaint or protest), specifying the respect
in which the assessment of the property listed below is illegal, erroneous, or unequal; and
(2) Verify, serve and file a petition for judicial review of real property assessment Pursuant
to Article 7 of the Real Property Tax Law.
(3) BRANDT, STEINBERG & LEWIS LLP
are authorized to represent the unders'igned in all proceedings before the Board of Assessment
Review and the Supreme Court, State of New York, and all appeals therefrom.
This authorization applies to the following petitioner:
Petitioner: Elant@Fishkill Inc dba Elant @ WappingersFalls Inc
County of: Dutchess
Village of:
City/Town: Town ofWappingers
Property Location: 37 Meiser Avenue, Wappingers Falls, NY
Identification No: 6158-18-359123
School District:
~t '2-YJ 67
Dated! , 2007
By:
v~(~
!J~. Jt J
Title:
ADULTHOME
INDEX NO.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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IN THE MATTER OF
Elant@Fishkill Inc dba Elant @ WappingersFalls Inc
Petitioner(s),
-against-
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for \l)A"'~I'" GE."\~ c.~/.l'\''''14L
School District
Respondents.
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PETITION AND NOTICE OF MOTION
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Brandt, Steinberg & Lewis LLP
Attorneys for Petitioner
Office & P.O. Address
386 Park Avenue South, Suite 600
New York, NY 10016
212-563-2200