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HP Coolidge Maloney Road, LLC, STATE COURT OF NEW YORK SUPREME COURT: COUNTY OF DUTCHESS In the Matter ofthe Application ofHP COOLIDGE MALONEY ROAD, LLC, eiIelo; Petitioner, NOTICE OF PETITION v. IndexI-iOO8 - S4?L/ BOARD OF ASSESSMENT REVIEW AND/OR ASSESSOR OF THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER, COUNTY OF DUTCHESS, NEW YORK, Respondents. SIRS: PLEASE TAKE NOTICE, that on the annexed verified Petition, an application will be made at Special Term, Supreme Court, at the County Courthouse, Poughkeepsie, New York on the 17th day of October, 2008 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: crll~JU8 RECE\\lED jUl 2 2 2008 TOWN CLERK ST A VITSKY & ASSOCIATES LLC By:j;;Q~ Stavitsky & Associates LLC '- c= 1373 Broad Street, Suite 204 ,- Clifton, New Jersey 07013 l~ (973) 594-9292 -0 -C'f,OO ......... N .. N i'i ...." 1042654 ST ATE COURT OF NEW YORK SUPREME COURT: COUNTY OF DUTCHESS In the Matter of the Application ofHP COOLIDGE MALONEY ROAD, LLC, et aI., Petitioner, PETITION v. Index No. BOARD OF ASSESSMENT REVIEW and/or ASSESSOR OF THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER, COUNTY OF DUTCHESS, NEW YORK, Respondents. 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 Schedule A located at See attached Schedule A. Wappinger, New York. 2. The property has been assessed by the Respondent for the tax year 200{;'OQ as follows: 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 2000'0Cl. Petitioner specifies as the instances in which inequality exists, the assessments of all real property made by the same 1042656 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 of 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. Dated: -:rtl'll ~ ST A VITSKY & ASSOCIATES LLC Attorneys for Petitioner BY:~~~~- Bruce J_ Stav' - - y, Esq_ 1042656 VERIFICATION STATE OF NEW JERSEY ) COUNTY OF PASSAIC ) CITY OF CLIFTON ) Bruce 1. Stavitsky, being duly sworn, deposes and says: I reside in the County of Essex and State of New Jersey 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 BdaY o~. 2008. CHRISTINA A. MONO FI A Notary Public of New Jersey My Commission Expires March 24, 2011 1042656 Schedule A Parcel ID. Assessment ReQuested Assessment 6259-02-603911 $88,800 $40,000 6259-02-73743 $440,500 $200,000 6259-02-681675 $869,900 $400,000 6259-02-538866 $135,000 $60,000 6259-02-544878 $147,000 $70,000 6259-02-564876 $148,000 $70,000 6259-02- 575863 $3,200,000 $1,600,000 6259-02-583857 $2,800 $1 ,000 6259-02-593861 $1,700,000 $800,000 6259-02-635855 $8,000,000 $4,000,000 6259-02-705840 $7,400,000 $3,000,000 1042656 Authorization Aggrieved Party: HP Coolidge Maloney Road LLC 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 J. Stavitsky, Esq. Stavitsky & Associates, LLC 1373 Broad Street, Suite 204 Clifton, New Jersey 07013 or any attorney employed by this firm, until all proceedings are finally resolved, to act as our agent, representative, and attorney to: Make and serve a statement (also known as a complaint or protest) pursuant to Section 512 (1) of the RPTL, specifying the respect in which the assessment of the property lister below is illegal, erroneous, or unequal; and Respond and appear in any proceedings before the Board of Assessment Review' behalf of the undersigned with respect to any matters relating to the foregoing. Respond and appear in any judicial proceedings on behalf of the undersignec1 respect to any matters relating to the foregoing. Claim, receive, and process any and all property tax refunds resulting fror representation in any assessment reduction proceedings. This Authorization applies to the following properties located in Municipality of: Wappinger County of: Dutchess Address: Village Crest Apartments SnBnL: 6259-02-538866 6259-02-544878 6259-02-564876 6259-02-575863 6259-02-583857 6259-02-593861 6259-02-635855 6259-02-705840 6259-02-681675 ~oo()9.-UC-y}\ \ Dated: (p~~- oa-~~ 7}/~)ij Signed:@ Title:! I/(;.g Ir JJ~ Index Number DUTCHESS COUNTY CLERK'S OFFICE Application for Index Number Pursuant to Section 8018 (a) Civil Practice Law and Rules Fee $305.00 Title Action or Proceeding In the Matter of the Application ofHP COOLIDGE MALONEY ROAD, LLC, et aI., Nature and Object of Action Civil x Infancy Petitioner, Matrimonial v. BOARD OF ASSESSMENT REVIEW and/or ASSESSOR OF THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER, COUNTY OF DUTCHESS, NEW YORK, Respondents. Attorneys for Petitioner(s): Bruce J. Stavitsky, Esq. Stavitsky & Associates LLC Office & P.O. Address: 1373 Broad Street, Suite 204 Clifton, New Jersey 07013 Phone: (973) 594-9292 Attorneys for Respondent(s): Office & P.O. Address: Phone: Name of Payor: Indexed by: Entered by: Endorse this INDEX NUMBER Assigned on the Top Right Comer on all Papers and advise your Adversary of the number and assigned. PAYOR'RECEIPT Index Number SUPREME COURT: COUNTY OF DUTCHESS In the Matter of the Application ofHP COOLIDGE MALONEY ROAD, LLC, et aI., Petitioner, v. BOARD OF ASSESSMENT REVIEW and/or ASSESSOR OF THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER, COUNTY OF DUTCHESS, NEW YORK, Respondents. DUTCHESS By: County Clerk's Office 1043596 REQUEST FOR JUDICIAL INTERVENTION SUPREME COURT, DUTCHESS COUNTY INDEX NO. DATE PURCHASED: PETITIONER(S): In the Matter of the Application of HP COOLIDGE MALONEY ROAD, LLC, et at. DEFENDANT(S): BOARD OF ASSESSMENT REVIEW AND/OR ASSESSOR OF THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER, COUNTY OF DUTCHESS, NEW YORK. Date issue joined: Bill of particulars served (YIN): D Yes ~ No UCS-840 (REV 1/2000) For Clerk Only IAS entry date Judge Assigned RJI Date ................................................................_.............................~...................................................................................................................................................................................................................................................................... NA TURE OF JUDICIAL INTERVENTION (check ONE box only ~ enter information) D D D Request for preliminary conference Note of issue and/or certificate of readiness Notice of motion (return date): Relief Sought D Order to show cause (clerk enter return date): Relief Sought D Other ex-parte application (specifY): NATURE OF ACTION OR PROCEEDING (Check m!E box only) MATRIMONIAL D Contested -CM D Uncontested -UM COMMERCIAL D Contract D Corporate D Insurance (where insurer is a party, except arbitration) D UCC (including sales, negotiable instruments) D *Other Commercial REAL PROPERTY ~ Tax Certiorari D Foreclosure D Condemnation D LandlordlTenant -CONT -CORP -INS -UCC -oc -TAX -FOR -COND -LT ~ Notice of petition (return date): 10/17/08 Relief sought Order Reducing Assessment D Notice of medical or dental malpractice action (specifY): 0 Statement of net worth 0 Writ of habeas corpus D Other (specifY): TORTS Malpractice 0 MedicalIPodiatric 0 Dental D *Other Professional 0 Motor Vehicle D *Products Liability D Environmental 0 Asbestos D Breast Implant D *Other Negligence 0 *Other Tort (including intentional) SPECIAL PROCEEDNGS 0 Art. 75 (Arbitration) -MM -DM -OPM -MV -PL -EN -ASB -BI -OTN -OT -ART75 D * -OTH D Art. 77 (Trusts) -ART77 D Art. 78 - ART78 D Election Law -ELEC D Guardianship (MHL Art. 81) - GUARD81 D *Other Mental Hygiene - MHYG D * Other Special Proceeding - OSP D *Other Real Property -ORP. OTHER MATTERS Check "YES" or "NO" for each of the followinl! Questions: Is this ActionlProceeding against a: D NO ~ Public Authority: (SpecifY) ~ NO D Municipality: (SpecifY Town of) (Town of Wappinger) YES YES YES NO D ~ Does this action/proceeding seek equitable relief? D ~ Does this action/proceeding seek recovery for personal injury? D ~ 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): D Expedited: 0-8 months D Standard: 9-12 months D Complex: 13-15 months Contested Matrimonial Cases On Iv: (Check and give date) Has summons been served? D No D No o Yes, Date DYes, Date Was a Notice of No Necessity filed? ATTORNEY IS) FOR PETITIONER(S): ~ ~ Re .* ~ Phone # Bruce J. Stavitsky, Esq. Stavits & Associates LLC 1373 Broad Street, Suite 204 Clifton, New Jerse 07013 973-594-9292 A TTORNEY(S) FOR DEFENDANT(S): Self ~ Re .* ~ ~ Albert Roberts, Esq. 1611 Route 9 Wa in er Falls, New York 845-298-2000 *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: RELA TED CASE(S): (IF NONE write "NONE" below) Ii.!k AR Fuels clo Metro Property Group v. Town of Wappinger, et al. !!!lli.1! 2007-4944 Court Supreme Nature of Relationship Prior year I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REzg:QUES OR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN 1ll1S ACTION 0 PROCEEDING. Q Pd f? t7. Dated ( -f~A/ ;:. (SIGNA lURE) Bruce J. Stavitsky, Esq. (PRINT OR TYPE NAME) Petitioner ATTORNEY FOR A TTACH RIDER SHEETS IF NECESSARY TO PROVIDE REQUIRED INFORMA nON.