T&C Seacrest Diner, Inc (2)
"
" ..
PLEASE TAKE FURTHER NOTICE, that on the return date of this notice, you are
required to produce a copy of the application for revision of assessment filed by petitioners for
the property that is the subject of this proceeding, pursuant to Rule 2214(b) of the CPLR.
Dated: Poughkeepsie, New York
July 30, 2007
Yours, etc.
McCABE & MACK LLP
TO: TOWN CLERK, TOWN OF WAPPINGER
ASSESSOR OF THE TOWN OF WAPPINGER
BOARD OF ASSESSMENT REVIEW, TOWN OF WAPPINGER
SUPERINTENDENT OF SCHOOLS, WAPPINGER FALLS CENTRAL SCHOOL DISTRICT
TREASURER, DUTCHESS COUNTY
VILLAGE CLERK, VILLAGE OF W APPINGERS FALLS
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
In the Matter of the Application for
a Review under Article 7 of the Real
Property Tax Law of a Tax Assessment
by T & C SEACREST DINER, INC.,
Petitioner,
VERIFIED PETITION
-against-
Index No.
J.{-Cf53(D7
ASSESSOR OF THE TOWN OF WAPPINGER,
THE BOARD OF ASSESSMENT REVIEW OF
THE TOWN OF WAPPINGER and THE TOWN
OF WAPPINGER, DUTCHESS COUNTY, NEW
YORK,
Respondents.
TO THE SUPREME COURT: STATE OF NEW YORK:
The petition ofT & C Seacrest Diner, Inc. by McCabe & Mack LLP, its attorneys,
respectfully shows:
FIRST: The petitioner is a New York corporation with offices at 1539 Route 9,
Wappingers Falls, New York 12590.
SECOND: That petitioner is the owner of a certain parcel of real property in the Town of
Wappinger, Dutchess County, New York, described on the assessment rolls of the Town of
Wappinger as follows:
Street Address: Route 9Rear
Grid No. 6158-19-631095-0000
THIRD: At all times hereinafter mentioned the Town of Wappinger was and is an
assessing unit with the power to assess real property within the meaning of the provisions of the
Real Property Tax Law of the State of New York.
FOURTH: That prior to March 1,2007, the Assessor of the Town of Wappinger did
make, prepare and complete the assessment rolls of the said Town of Wappinger for the year
2007, thereupon caused notice to be published that copies of said assessment roll might be seen
for inspection and examination, and that Grievance Day would be held to review and correct said
assessment roll upon application of persons deeming themselves aggrieved thereby.
FIFTH: That the land and premises ofthe petitioner were tentatively assessed on said
assessment roll for the year 2007 for said Town of Wappinger as follows:
$325,500.00
SIXTH: That the Board of Assessment Review was duly authorized to review the
assessment of real property within the Town of Wappinger with respect to complaints filed
concerning those assessments appearing on the assessment roll of the Town for the year 2007 and
to finally correct and revise any and all assessments on said roll concerning which complaint was
made.
SEVENTH: That within the time and place specified petitioner duly protested the said
assessment and filed with the Board of Assessment Review statements of protest on the forms
provided, specifying the respects in which the assessment should be corrected, revised and
reduced. Said statements of protest are hereby incorporated in this petition by reference thereto
with the same force and effect as though set forth herein at length.
EIGHTH: The said Board of Assessment refused and continues to refuse to correct,
revise or reduce said assessment.
NINTH: That on or about July 1, 2007 the said Assessor and Board of Assessment
Review completed and filed the general assessment roll for the Town of Wappinger for the year
2007 and caused to be published due notice of completion and filing thereof.
TENTH: That thirty days have not elapsed since the final date fixed by law for the
completion and filing of said assessment roll.
ELEVENTH: That on said completed assessment roll the parcel of property above-
described is assessed at the valuation finally fixed and determined which is the same as set forth
in paragraph FIFTH hereof.
TWELFTH: That the said assessment of petitioner's property is erroneous by reason of
overvaluation and inequality and that the amount of such excessive valuation is as follows:
$275,500.00
It is necessary that the assessment of your petitioner's property be reduced to full value as
follows:
$50,000.00
THIRTEENTH:
That petitioner's real property was not assessed at its true and
market value, and the assessment thereof had been made at a higher proportionate value than the
assessment of other properties in the Town of Wappinger on the same roll by the same officers,
which resultant inequality and overvaluation has resulted in injury to the petitioner.
FOURTEENTH: That petitioner is aggrieved by said unjust, excessive, unequal and
erroneous assessment of petitioner's real property and will be required to pay a greater amount of
taxes than it would be required to pay if the said assessment had been just, and that petitioner
will be injured thereby.
FIFTEENTH: No previous application has been made for the relief asked for herein.
WHEREFORE, petitioner prays for an order directing respondents to reassess the
property of petitioner and to correct the assessment upon the roll in such a manner as shall be in
accordance with law and shall make said assessment conform to the valuations and assessments
of other properties upon the same roll and shall secure equality of assessment and that this Court
take evidence to enable petitioner to show the unjust, excessive, unequal and erroneous
assessment against and upon petitioner's property and that all unlawful taxes paid be refunded to
petitioner and that petitioner may have such further relief as may be just with the costs and
disbursements ofthis proceeding, together with reasonable expenses, including the fees of
experts and attorneys.
DATED:
Poughkeepsie, New York
July ~ ' 2007
Yours, etc.
McCABE & MACK LLP
~
B'
J SE McGOW
Atto ys for Petitioner
63 Washington Street
P.O. Box 509
Poughkeepsie, NY 12602-0509
Tel: (845) 486-6800
STATEOFNEWYORK )
) ss:
COUNTY OF DUTCHESS )
J. JOSEPH MC GOWAN, being duly sworn, deposes and says:
I am a member of the firm of McCabe & Mack LLP and agent, pursuant to the annexed
written authorization, of the Petitioner in the above captioned matter. I have read the foregoing
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.
~~
Sworn to before me this
3b~ day of July, 2007.
~~f, ~
N t Publ
NANCY R. GRIFFIN
Notary Public. State of New York
Qualified in Dutchess County ;LOt 0
Commission Expires September 30,
AUTHORIZATION
The undersigned, T & C SEACREST DINER, INC., being an aggrieved person within
the meaning of the Real Property Tax Law, hereby authorizes McCabe & Mack LLP, or any
attorney employed by such firm, to act as agent to verify, serve and file a Complaint pursuant to
Subdivision 1 of Section 512 of the Real Property Tax Law as amended, and to act as agent to
verify, serve and file a Petition for Review of Real Property Assessment pursuant to Section 706
or Section 730 of the Real Property Tax Law with respect to property owned by the undersigned
in the Town of Wappinger, Dutchess County, New York.
--
Dated: May It;, 2007
-
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
In the Matter of the Application for
a Review under Article 7 of the Real
Property Tax Law of a Tax Assessment
by T & C SEACREST DINER, INC.,
Petitioner,
NOTICE OF CLAIM FOR
REDUCTION OF 2007
ASSESSMENT OF REAL
PROPERTY ON TAX
ASSESSMENT ROLL OF
TOWN OF WAPPINGER REQUIRED
BY AND PURSUANT
TO ~708(3) AND ~726(1)(a) OF THE
REAL PROPERTY TAX LAW OF
NEW YORK
-against-
ASSESSOR OF THE TOWN OF WAPPINGER,
THE BOARD OF ASSESSMENT REVIEW OF
THE TOWN OF WAPPINGER, and THE
TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK,
Index No.
4'753(D1
Respondents.
TO: SUPERINTENDENT OF SCHOOLS, W APPINGERS CENTRAL SCHOOL DISTRlCT
PLEASE TAKE NOTICE that the petitioner which made the annexed petition against
respondents named therein hereby makes the same claim for reduction of the 2007 Assessments
on said Tax Roll to Superintendent of Schools, Wappingers Central School District, to the same
extent, on the same grounds, of the same real property and in the same amount as set forth in the
annexed petition, which is incorporated herein and made a part hereof, the same as if it were set
forth in full in this Notice of Claim.
DATED:
Poughkeepsie, New York
July p ,2007
McCABE & MACK LLP
~~
. J SE McGOWA
At ys for P tioner
63 Washington Street
P.O. Box 509
Poughkeepsie, NY 12602-0509
Tel: (845) 486-6800
--
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
In the Matter of the Application for
a Review under Article 7 of the Real
Property Tax Law of a Tax Assessment
by T & SEACREST DINER, INC.,
-against-
Petitioner,
NOTICE OF CLAIM FOR
REDUCTION OF 2007
ASSESSMENT OF REAL
PROPERTY ON TAX
ASSESSMENT ROLL OF
TOWN OF WAPPINGER REQUIRED
BY AND PURSUANT
TO ~708(3) AND ~726(1)(a) OF THE
REAL PROPERTY TAX LAW OF
NEW YORK
ASSESSOR OF THE TOWN OF WAPPINGER,
THE BOARD OF ASSESSMENT REVIEW OF
THE TOWN OF WAPPINGER, and THE
TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK,
Index No.
tf953(07
Respondents.
TO: TREASURER, COUNTY OF DUTCHESS
PLEASE TAKE NOTICE that the petitioner which made the annexed petition against
respondents named therein hereby makes the same claim for reduction of the 2007 Assessments
on said Tax Roll to the Treasurer, Dutchess County, to the same extent, on the same grounds, of
the same real property and in the same amount as set forth in the annexed petition, which is
incorporated herein and made a part hereof, the same as if it were set forth in full in this Notice
of Claim.
DATED:
Poughkeepsie, New York
July :;0, 2007
McCABE & MACK LLP
BY:~
J. H c OW AN
Attome~ for ~~iO - ~
63 Washington Street
P.O. Box 509
Poughkeepsie, NY 12602-0509
Tel: (845) 486-6800
-
. .
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
In the Matter of the Application for
a Review under Article 7 of the Real
Property Tax Law of a Tax Assessment
by T & C SEACREST DINER, INC.,
Petitioner,
NOTICE OF CLAIM FOR
REDUCTION OF 2007
ASSESSMENT OF REAL
PROPERTY ON TAX
ASSESSMENT ROLL OF
TOWN OF WAPPINGER REQUIRED
BY AND PURSUANT
TO ~708(3) AND ~726(l)(a) OF THE
REAL PROPERTY TAX LAW OF
NEW YORK
-against-
ASSESSOR OF THE TOWN OF WAPPINGER,
THE BOARD OF ASSESSMENT REVIEW OF
THE TOWN OF WAPPINGER, and THE
TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK,
Index No.
tfClo3J07
Respondents.
TO: VILLAGE CLERK, VILLAGE OF WAPPINGERS FALLS
PLEASE TAKE NOTICE that the petitioner which made the annexed petition against
respondents named therein hereby makes the same claim for reduction ofthe 2007 Assessments
on said Tax Roll to Village Clerk, Village ofWappingers Falls, to the same extent, on the same
grounds, of the same real property and in the same amount as set forth in the annexed petition,
which is incorporated herein and made a part hereof, the same as if it were set forth in full in this
Notice of Claim.
DATED:
Poughkeepsie, New York
July ~O , 2007
McCABE & MACK LLP