Cross Court Associates
, .
SUPREME COURT: STATE OF NEW YORK
COUNTY OF DUTCHESS
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In the Matter of the Application of
Cross Court Associates,
(Tax Map No. 6258-01-081999-00)
Index No.: ;J.{L)/15Cf~3
NOTICE OF PETITION AND
APPLICATION FOR REVIEW
OF ASSESSMENT
Petitioner,
against
Town ofWappingers: Assessor of the Town of
Wappinger; and Town of Wappinger
Assessment Board of Review,
RECF:IV..., ,
AUG 1 0 2007
TOWN CLERK
Respondents,
To review assessments made for the year
2007 against the real property of Petitioner
in the Town of Wappinger.
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SIRS:
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PLEASE TAKE NOTICE that the undersigned will make application of the.,24th
day of September, 2007, (or such other date as may be hereafter fixed by the Court) at a
Special Term of the Supreme Court to be held in and for the County of Dutchess, at the
County Courthouse in the City of Poughkeepsie, New York, at the opening of Court on
that day or as soon thereafter as counsel can be heard, for review pursuant to Article 7 of
the Real Property Tax Law of the assessment upon the real property described in the
Petition, a true copy of which is hereto annexed, and for an Order granting the relief
prayed for in said Petition, and for such other, further and different relief as may be just
and proper in the premises, with costs of this application.
LEVINE & LEVINE, p.e. . ATTORNEYS ATLAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
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Dated: August 9, 2007
Yours, etc.
.~~'
Robert S. Levine
Levine & Levine, P.C.
Attorneys for the Petitioner
55 Market Street
Poughkeepsie, New York 12601
TO: Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Assessor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Assessment Board of Review
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
LEVINE & LEVINE. p.c. . ATTORNEYS AT LAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
, .
SUPREME COURT : STATEOFNEWYORK
COUNTY OF DUTCHESS
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In the Matter of the Application of
Cross Court Associates,
(Tax Map No. 6258-01-081999-00)
Index No.:
Petitioner,
against
PETITION
Town of Wappinger: Assessor of the Town of
Wappinger; and Town of Wappinger Assessment
Board of Review,
Respondents,
To review assessments made for the year
2007 against the real property of Petitioner
in the Town of Wappinger.
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PETITIONER, BY ITS ATTORNEYS, LEVINE & LEVINE, P.C.,
ALLEGES, UPON INFORMATION AND BELIEF, AS FOLLOWS:
1. Petitioner owns 204 New Hackensack Road, Wappingers Falls, New York
12590 and pays taxes in the Town of Wappinger, County of Dutchess and State of New
York, and is the owner of the lands and premises hereinafter described in the Town of
Wappinger: Tax Map No. 6258-01-081999-00.
2. Respondents are the assessing unit for the subject property and the assessors for
such unit within the meaning of Section 704.2 of the Real Property Law.
3. Upon information and belief, on or about July 1,2006, there was prepared and
completed a final general assessment roll for the Town of Wappinger for the years
LEVINE & LEVINE, p.c. . ATTORNEYS AT LAW . 2 JEFFERSON PlAZA . POUGHKEEPSIE, N. Y. 12601
2006/2007.
4. Petitioner's lands and premises were assessed and described on the final
assessment roll as follows: Tax Map No. 6258-01-081999-00, Town of Wappinger, land
exclusive of buildings: $225,000.00; total: $4,600,000.00.
5. This assessment is unequal and excessive, as those terms are defined in Article 7
of the Real Property Tax Law, in the following respects:
a) The assessment of Petitioner's property is an unequal assessment in that the
assessment has been made at a higher proportionate valuation than the assessment of
other real property on the same roll by the same assessing officers.
b) The assessment on all other property in the Town of Wappinger is supposed
to be at a uniform equalization rate of the full market value. Whereas, upon information
and belief, the Petitioner's property is assessed at a rate in excess of the uniform
equalization rate, and/or in excess of the rates at which other properties are assessed.
c) The assessment has been made at a higher proportionate valuation than the
assessment of other taxable real property of the same major type, as determined by the
state board of equalization and assessment pursuant to section twelve hundred of this
chapter.
d) The assessments against Petitioner's property ($4,600,000.00) is erroneous
because it is excessive in that the property should be assessed as follows: Tax Map No.
6258-01-081999-00, Town of Wappinger, $3,000,000.00 (over assessment is
$1,600,000.00).
LEVINE IHEVlNE. P.C. . ATTORNEYS ATLAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
, .
6. Petitioner is aggrieved and has been or will be injured by the unequal and
excessive assessment and will be required to pay a greater amount and proportion of taxes
than would be required if the assessments had been just and equal.
7. Petitioner filed with the Assessment Board of Review a timely Complaint
demanding that the assessment be corrected and reduced.
8. The Assessment Board of Review, which is comprised of the proper officers to
correct the assessment, received and acted upon the Complaint for reduction of the
assessment, but refused and failed to correct or reduce the assessment.
9. On or about July 13,2007, the Respondents' assessor finally completed and filed
the final assessment roll. Thirty days have not elapsed since the latter to occur of the last
day set by law for the filing of the final assessment roll or the giving of notice thereof as
required by law.
WHEREFORE, Petitioner requests an Order reassessing and reducing the assessed
valuation of Petitioner's property as requested in the Petition and making it conform by
equality of assessment to other assessments upon the same assessment roll and for such
other and further relief as to the Court may seem just and proper.
Dated: August 9,2007
~~...
Robert S. Levine
Levine & Levine, P.C.
LEVINE & LEVINE, p.c. . ATTORNEYS ATLAW . 2 JEFFERSON PlAZA . POUGHKEEPSIE, N. Y. 12601
, .
"
Attorneys for the Petitioner
55 Market Street
Poughkeepsie, New York 12601
LEVINE & LEVINE, P.C. . ATTORNEYS AT LAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
VERIFICATION
STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS)
LOUIS C. DIMOCK, III, being duly sworn, deposes and says:
I am Owner of the Petitioner in the within action; I have read the annexed
Petition, know the contents thereof and the same are true to my knowledge, except those
matters therein which are stated to be alleged on information and belief, and as to those
matters I believe them to be true.
-L t ~~
LOUIS C. DIMOCK, III
Sworn to before me this
10th day of August, 2007
~~~A-;:'?;;L'~~'
Notary Public
BARBARA F. NICOUS
NarARY PUBLIC, State of New York
Qualified in Ulster County .
Certified in Dutchess CountY).... //
Commission Expires Jan. 21, ~
LEVINE & LEVINE, P.C. . ATTORNEYS ATLAW . 2 JEFFERSON PlAZA . POUGHKEEPSIE, N. Y. 12601
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REQUEST FOR JUDICIAL INTERVENTION
UCS-B40(REV 1/2000)
Supreme
COURT I
Dutchess COUNTY INDEX NO. DAt.E PURCHASED:
.... Auqust 10, ;;n07
For Clerk Only
PLAINTIFF(S): In the ~~atter of the Anplication of
Cross Court Associates,
(Tax Man No. 6258-01-081999-00)
DEFENDANT (5) :
IAS entry date
Petitioner,
Town of Wapninaer, Assessor Of the ~own of
Wappinger, and Town of Wapninqer Assessment Board of
Review,
Judge Assigned
Respondents,
To review assessments made for the year 2007 aaainst the
real property of Petitioner in the Town of Wanpinqer.
P.JI Date
Date issue joined:
N/A
[ lYes
[Xi No
Bill of particulars served (Y/N):
............... ...... ...... ....... ...... ........ ................................... ..... ................ .......
( ] Request for preliminary conference
NATURE OF JUDICIAL INTERVENTION (check ~ box only AND enter information)
[ 1 Note of issue and/or certificate of
readiness
[ 1 Notice of motion {return date:
Relief sought
[ larder to show cause
(clerk enter return date:
Relief sought
[ ] Other ex parte application (specify:
NATURE OF ACTION
MATRIMONIAL
[ 1 Contested
[ 1 Uncontested
OR PROCEEDING (Check ~ box only)
-CM
-UM
COMMERCIAL
[ ] Contract
[ ] Corporate
( ] Insurance (where insurer is a
party, except arbitration)
[ ] UCC (including sales, negotiable
instruments)
[ ] *Other Commercial
-CaNT
-CORP
-INS
-UCC
-OC
REAL PROPERTY
K] Tax Certiorari
[ ] Foreclosure
[ ] Condemnation
( ] Landlord/Tenant
[ ] *Other Real Property
-TAX
-FOR
-COND
-LT
-ORP
OTHER HATTERS
( ] *
-OTH
[X] Notice of petition (retur~ cat~:a-24-07)
Relief sought Article 7 - 'T'ax Certiorari
[ 1 Notice of medical or dental malpractic~
action (specify:
Statement of net wort~
Writ of habeas corpus
Other (specify:
Malpractice
( ] Medical/Podiatric
[ ] Dental
[ 1 *Other Professional
-11M
-Dt<!
-OP~
Motor Vehicle
*Products Liability
-MV
-PL
[ 1 Environmental
[ ] Asbestos
[ 1 Breast Implant
[ ] *Other Negligence
-EN
-ASS
-BI
-OTN
*Other Tort (including
intentional)
-OT
SPECIAL PROCEEDTNGS
[ 1 Art. 75 (Arbitration)
[ ] Art. 77 (Trusts)
( 1 Art. 78
[ 1 Election Law
( ] Guardianship (K~L Art. 81)
[ ] *Other Mental Hygiene
( ] *Other Special Prcceeding
-A.:Q,T7S
-M.T,7
-A..P.T78
-ELEC
-GUA.o.D81
- M}r: G
-OS?
.111 '
Check "YES" or "NO" for each of the followinq questions:
Is this action/proceeding against a
?t~
NO
[ ] Municipality: Town of Nanpinqer
(Specify )
ff
NO
[ ] Public Authority: t Board of Review
(Specify .Assessmen )
YES NO
[] [X] Does thi5 action/proceeding 5eek equi table relief?
[] [X] Does this action/proceeding seek recovery for per50nal injury?
[] [X] Does.this action/proceeding seek recovery for property damage?
Pre-Note Time Frames:
(This applies to all. cases except contested matrimonials and tax certiorari cases)
Estimated time period for case to be ready for trial (from filing of RJI to filing of Note of Issue):
o Expedited: 0-8 months
G Standard: 9-12 months
o Complex: 13-15 months
Contested Matrimonial Cases Only: (Check and give date)
-
~-;,it~~; .of: --.
Has summons been served? 0 No
G Yes, Date
Was a Notice of No Necessity filed? 0 No
o Yes, Date
ATT01UlEY (5)
5elf I
~
o I
o I
FOR PLAINTIFF (5) :
Name
Levine & Levine, p.C
Address
55 ~~arket Street
Pouahkeeosie, New
I Phone It
i
'-RLl5-452-21S0
York 12601
ATTORNEY (5) FOR DEFENDANT (5) :
self
Rep. *
~
Address
Phone It
o
o
*Self Represented: parties representing themselves, wi~hou~ an at~or~ey, shculd c~eck t~e \\Se:~ Re?'
bex and enter their n~~e, address, and phone # in the space p=ovided above fo= atLorneys.
INSURANCE CARRIERS:
N/A
RELATED CASES: (IF NONE, write "NONE" below)
Ti tie Index it Court
Nature of Relationship
NONE
I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER TPJlli AS NOTED ABOVE, THE~~ ARE
AND HAv"E BEEN NO RELATED ACTIONS DICIAL INTERVENTION
PREVIOUSLY BEEN FILED IN THIS AC
Dated:
Auqust 10, 2007
(SIGNATURE)
Robert S. Levine
(PRINT OR TYPE ~,
Petitioner
ATTORNEY FOR
ATTACH RIDER SHEET IF NECESSARY TO PROVIDE REQUIRED INFORMATION