Raymours Furniture Company, INC
STATE OF NEW YORK
SUPREME COURT
COUNTY OF DUTCHESS
In the Matter of the Application of
RAYMOURS FURNITURE COMPANY, INC., AS ASSIGNEE,
Petitioner,
\ L o\-i U {\ {J.uiJ h- Y'Y1
Index # 200K- 5?53
RJI # 33-08-
Vs.
Respondents.
RECEIVED
JUl 2 3 2008
TOWN CLERK
TOWN OF WAPPINGER ASSESSOR, BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF WAPPINGER AND THE TOWN OF
WAPPINGER, COUNTY OF DUTCHESS, NEW YORK,
SIRS:
PLEASE TAKE NOTICE, that on the annexed ver.ified Petition, an application
will be made at Special Term, Supreme Court, at the Dutchess County Courthouse,
Poughkeepsie, New York on the ~5lb-day of September, 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 to the Court may deem
just and proper.
Dated: July 8ftt~ 2008
Yours, etc.
By:
Si ney Devorsetz, Esq.
Attorney for Petitioner
307 South Townsend Street
The Hamilton White House
Syracuse, NY 13202
Telephone: 315422 6600
STATE OF NEW YORK
SUPREME COURT
COUNTY OF DUTCHESS
In the Matter of the Application of
RAYMOURS FURNITURE COMPANY, INC., AS ASSIGNEE,
Petitioner,
PETITION
Index # 2008- 5383
RJI # 33-08-
vs.
TOWN OF WAPPINGER ASSESSOR, BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF WAPPINGER AND THE TOWN OF
WAPPINGER, DUTCHESS COUNTY, 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 6158-10-
497508 and located at 1701 Route 9, Wappinger, Dutchess County,
New York.
2. The property has been assessed by the Respondent for tax year
2008/09 as follows:
Land: $265,000
Total: $10,000,000
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 same assessment rolls of the Town of Wappinger made by the
same officers for tax year 2008/09. Petitioner specifies as the
instances in which inequality exists, the assessments of all real
property made by the same 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 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 said assessment had been just and equal.
S. Heretofore your Petitioner caused to be filed with the Board of
Assessment Review for the Town of Wappinger 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 or reduced the assessment to
an amount that remains unequal, excessive and illegal; 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 $3,000,000 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 the
appropriate refunds and Interest, and for such other and further relief as to
the Court may seem just and property, together with costs.
Dated: July 3 , 2008
RAYMOURS FURNITURE COMPANY, INC.,
AS ASSIGNEE
By: ~ >>- -
Sidney D. vorsetz, Esq.
Designated Agent
VERIFICATION
STATE OF NEW YORK
COUNTY OF ONONDAGA
)
) ss.:
Sidney Devorsetz, being duly sworn, deposes and says: I reside in the
County of Onondaga and State of New York 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 own 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 referene
to the matters at issue, said representatives and agents having knowledge of the
said matter at issue.
>=-~
Sidney Devorsetz
'---
S~rn to before me this
~ day of July, 2008.
'yn~~~
MARY C. HUNTER
Notary Public, State of New Yorll
Qualified in Onondaga Co. No. 01HU6142347
Commission Expires March 20j 2010
DESIGNATION FOR EXECUTING AND VERIFYING
PROTESTS AND/OR PROCEEDINGS
FOR JUDICIAL REVIEW
The undersigned, as or on behalf of the owner/lessee of the real
property described below, hereby authorizes and designates Sidney
Devorsetz and/or Mary Hunter and any other designated counselor
agent to act as representatives of the owner/lessee to execute, verify
and file any and all protests and/or petitions for judicial review of the
assessment against said real property located in the Town of
Wappinger, Dutchess County, New York identified as tax map #6158
10-497508 and located at 1701 Route 9 as it appears on the Town's
2008/09 assessment roll of such assessing unit.
RANDALL BENDERSON 1993-1 TRUST by
RAYMOURS FURNITURE COMPANY, INC.,
AS ASSIGNEE
BYC~
Title: U ce.. P'Vs-ccP..J... C),{:. 72.../1Ss~." ~c
Date: May 11, 2008
