Elant at Fishkill
Section: 6158
Block: 18
Lots: 359123
Identification No:6158-18-359123
SUPREME COURT OF THE STATE OF NEW YORK Client Id: ADULTHOME
COUNTY OF DUTCHESS
______________________________________________________________________________________X
IN THE MATTER OF
NOTICE OF PETITION
Index No.
Elant at Fishkill, Inc. dba Elant @ Wappiners Falls Inc.
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Petitioner(s)
Name of Assigned Judge
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Oral Argument is not:::::Jequested
-against-
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for Wappingers Central
School District
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Upon the annexed petition of the Elant at Fishkill, Inc. dba Elant @ Wappiners Falls
Respondents
Inc., sworn to on July 8, 2008, The Petitioner will move this court at the County Courthouse,
22 Market Street, poughkeepsie, N.Y. 12601 on the 19 day of August, 2008 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.
Dated: July 8, 2008
BRANDT, STEINBERG & LEWIS LLP
386 Park Avenue South, Suite 600
New York, New York 10016
212) 563-2200
To: Respondents above named
Town of Wappingers
Attorney for Respondents
20 Middlebush Road, Wappinger Falls, NY 12590
RECEIVED
JUL 1 7 2008
TOWN CLERK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
______________________________________________________-------------X
IN THE MATTER OF INDEX NO.
Elant at Fishkill, Inc. dba Elant @
Wappiners Falls Inc.,
PETITION FOR REVIEW OF REAL
PROPERTY ASSESSMENT
Petitioner(s),
Section: 6158
Block: 18
Lot: 3~9123
Identification No.: 6158-18-359123
-Against-
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for Wappingers Central
School District
Respondents
______________________________________________________--------------X
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
ID NO.: 6158-18-359123 SD: Wappingers Central School District.
2. Said property has been assessed by the Respondents for the tax year 2008/09
as follows:
LAND: $75,000
TOTAL: $1,922,550
3. Said assessments are erroneous as excessive, and unlawful on the following grounds:
(A) 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.
(B) 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
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 and reduced to $1,000,000 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
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other and further relief as to the Court may seem just and proper,
together with costs.
Elant at Fishkill, Inc. dba
Elant @ Wappingers Falls Inc.
by:
.....-'"',.-"
V E R I F
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 at Fishkill Inc. dba Elant at
Wapingers Falls Inc, the Petitioner herein, that deponent has read the
foregoing Petition and knows 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
them to be true.
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Sworn to before me this
'( day of July, 2008
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AUTHORIZATION
The undersigned, being an aggrieved person with the meaning of the Real Property Tax
Law, or an officer or partner of such aggrieve person, hereby authorizes HUBERT J.
BRANDT, RICHARD A. STEINBERG & WILLA I. LEWIS to act as our agent for the
assessment year 2008/2009 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 reel property assessment,
Pursuant to Article 7 of the Real Property Tax Law.
( 3) BRANDT, STEINBERG & LEWIS, LLP
are authorized to represent the undersigned in all proceedings before the Board of
Assessment Review and the Supreme Court, State of New York, and all appeals there
from:
This authorization applies to the following petitioner:
Petitioner: Elant@Fishkill Ine dba Elant@ WappingersFalls Ine
Property located at: 37 Meiser Avenue, Wappingers Falls, NY
Section: 6158 Block: 18 Lot: 359123
Identification No: 6158-18-359123
City/fown Town of Wappingers
Dated: f/l9joP
By:M~~
Title: &etu-Hve.. 0~ fyu/dbif
ADULTHOME
INDEX NO.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
-----------------------------------------------------------x
IN THE MATTER OF
Elant @ Fishkill Inc. dba Elant @ Wappingers Falls Inc.
Petitioner(s),
-against-
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for Wappingers Central
School District
Respondents.
-----------------------------------------------------------x
PETITION AND NOTICE OF MOTION
-----------------------------------~-----------------------x
Brandt, Steinberg & Lewis, LLP
Attorneys for Petitioner
Office & P.O. Address
386 Park Avenue South, Suite 600
New York, NY 10016
212-563-2200