HP Coolidge Maloney Road LLC
STATE COURT OF NEW YORK
SUPREME COURT: COUNTY OF DUTCHESS
RECEIVEU
JUL 2 2 2009
In the Matter of the Application of HP COOLIDGE
MALONEY ROAD, LLC,
TOlNN ClER':(
Petitioner,
NOTICE OF PETITION
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Index No. dO 0..-' < .
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BOARD OF ASSESSMENT REVIEW AND/OR
ASSESSOR OF THE TOWN OF WAPPINGER
AND THE TOWN OF WAPPINGER, COUNTY
OF DUTCHESS, NEW YORK,
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Respondents.
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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 28th day of September, 2009 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. An appearance for this matter will not be required
unless otherwise advised by the Court.
Dated: { t ~ )Cf1
ST A VITSKY & ASSOCIATES LLC
Attorneys for Petitioner
BY:~ Qk~
Bruce J. ~~y, Esq.
Stavitsky & Associates LLC
341 Broad Street
Clifton, New Jersey 07013
(973) 594-9292
1042654
STATE COURT OF NEW YORK
SUPREME COURT: COUNTY OF DUTCHESS
In the Matter of the Application ofHP COOLIDGE
MALONEY ROAD, LLC,
Petitioner,
PETITION
Index No. dCJ(l1. 5.)S- S-
v.
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 2009/1 0 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 2009/1 O. 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: ~ Icf)
ST A VITSKY & ASSOCIATES LLC
Attorneys for Petitioner
By:~l ~/
Bruce J. Stavitsky, Esq.
1042656
VERIFICATION
STATE OF NEW JERSEY)
COUNTY OF PASSAIC )
CITY OF CLIFTON )
Bruce J. 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
9 daYOf~,2009.
Notary Public
CHRISTINA A. MONDOLFI
A Notar~ Public of New Jersey
My CommIssIOn Expires March 24, 20m
1042656
Schedule A
Parcel ID. Assessment Requested Assessment
6259-02-753743 $440,500 $200,000
6259-02-681675 $869,900 $400,000
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 listed
below is illegal, erroneous, or unequal; and
Respond and appear in any proceedings before the Board of Assessment Review on
behalf of the undersigned with respect to any matters relating to the foregoing.
Respond and appear in any judicial proceedings on behalf of the undersigned, with
respect to any matters relating to the foregoing.
Claim, receive, and process any and all property tax refunds resulting from said firm's
representation in any assessment reduction proceedings.
This Authorization applies to the following propelties located in
Municipality of: Wappinger
County of: Dutchess
Address: Village Crest Apartments
SIBIL:
"~S9-,!.r -:a~3=1 "3
6259-02-564876
6259-02-575863
6259-02-583857
6259-02-593861
6259-02-635855
6259-02-705840
6259-02-681675
Dated: ~\rlo<J
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Signed: (/a'Vf7\Y 7d"'7)
Title:/ . vi uL frp/d.'.,;j
'-
UCS-840 (REV 1/2000)
For Clerk Only
SUPREME COURT, DUTCHESS
COUNTY
REQUEST FOR JUDICIAL INTERVENTION
INDEX NO.
DATE PURCHASED:
o~ - ':> 5))
7-;)
IAS entry date
PETlTlONER(S):
In the Matter of the Application of HP COOLIDGE MALONEY ROAD, LLC,
Judge Assigned
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DEFENDANT(S):
BOARD OF ASSESSMENT REVIEW AND/OR ASSESSOR OF THE TOWN OF
WAPPINGER AND THE TOWN OF WAPPINGER, COUNTY OF DUTCHESS,
NEW YORK.
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Bill of particulars served (Y IN):
Yes ~ No
Date issue joined:
......................................................................................................................................................................................................................................................................................................................................................................
NA TURE OF JUDICIAL INTERVENTION (check ONE box only AND enter information)
o
D
Request for preliminary conference
Note of issue and/or certificate of readiness
D Notice of motion (return date):
Relief Sought:
o
Order to show cause
(clerk enter return date):
Relief Sought:
D
Other ex-parte application (specify):
NATURE OF ACTION OR PROCEEDING (Check ONE box only)
MA TRIMONIAL
o Contested -CM
D Uncontested -UM
COMMERCIAL
D Contract
D
D
o
o
-CONT
-CORP
-INS
-UCC
-OC
Corporate
Insurance (where insurer is a party, except arbitration)
UCC (including sales, negotiable instruments)
*Other Commercial
REAL PROPERTY
~ Tax Certiorari -TAX
0 Foreclosure -FOR
D Condemnation -COND
0 Landlord/Tenant -LT
~
Notice of petition (return date):
Relief sought:
Order Reducing Assessment
08/28/09
o
Notice of medical or dental malpractice action (specify):
o
D
RECE\VEU
JUL 2 2 2009
Statement of net worth
Writ of habeas corpus
D
Other (specify):
''''',",'M''' CLFPl
TORTS
Malpractice
0 MedicalIPodiatric
D Dental
D *Other Professional
D Motor Vehicle
D *Products Liability
D Environmental
D Asbestos
0 Breast Implant
0 *Other Negligence
D *Other Tort (including intentional)
SPECIAL PROCEEDNGS
0 Art. 75 (Arbitration)
-MM
-DM
-OPM
-MV
-PL
-EN
-ASB
-BI
-OTN
-OT
-ART75
..
D
*Other Real Property
-ORP
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
OTHER MATTERS
D
*
-OTH
Check "YES" or "NO" for each of the followine Questions:
Is this Action/Proceeding against a:
YES
~
NO
D Municipality:
(Specify Town of) (Town of Wappinger)
YES
D
NO
~ Public Authority:
(Specify )
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 ofRJI to filing of Note of Issue):
D Expedited: 0-8 months
D Standard: 9-12 months
D
Complex: 13- I 5 months
Contested Matrimonial Cases On Iv: (Check and give date)
Has summons been served?
D
D
No
DYes, Date
DYes, Date
Was a Notice of No Necessity filed?
No
A TTORNEY(S) FOR PETITIONER(S):
Self Name Address Phone #
ReD.*
D Bruce J. Stavitsky, Esq. 341 Broad Street 973-594-9292
Stavitsky & Associates LLC Clifton, New Jersey 07013
D
ATTORNEY(S) FOR DEFENDANTlS):
Self Name
Re .*
Address
Phone #
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)
Title
AR Fuels c/o Metro
Property Group v. Town of
Wappinger, et aI.
Index #
2007-4944;
2008-5474
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 J-1A VE
BEEN NO RELATED ACTIONS OR PROCEEDINGS. NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSL Y BEEN FILED IN
~::::dACTlONq[;lcP;mG ~ f} ~ -
(SIGNATURE)
Bruce J. Stavitsky, Esq.
(PRINT OR TYPE NAME)
Petitioner
ATTORNEY FOR
A TT ACH RIDER SHEETS IF NECESSARY TO PROVIDE REQUIRED INFORM.<\. TION.
