2002-10-29
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GELLERT 0 QUARTARARO, P.C.
ATTORNEYS AND COUNSELORS AT LAW
HARRISON EXECUTIVE PARK
JOHN A. GEOGHEGAN
EMANUEL F, SARIS
ItESIDENT PRINCIPALS
3010 WESTCHESTER AVENUE
(914) 249-0100
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SENIOR COUNSEL
ANTHONY M. QUARTARARO
SHELDON CUTLER
COUNSEL
JACK M. QUARTARARO
RAINA E. MAISSEL
STEPHEN M. SALAND
DAVID J. E. SILBER
ROBERT C VINCENT IR.
SUITE 302
LEONARD KLEIN
ARTHUR L. GELLERT
STEPHEN E. EHLERS
IOHN A. GEOGHEGAN
LILLIAN S. WEIGERT
JAMES M, FEDORCHAK
STEPHEN E. DIAMOND
SCOTT L. VOLKMAN
DAVID R. WISE
EMANUEL F. SARIS
PAUL M, QUARTARARO
RODERICK J. MAC LEOD
WILLIAM H. TINCH
MICHAEL F. McCUSKER
SABRINA BLAIN
BEVIN SPENCER
PURCHASE, NEW YORK 10577
fAX, (914) 249-0111
www.gqlawyers.com
VARIOUS GELLERT" QUARTARARO ATTORNEYS
ARE ALSO ADMITTED TO PRACTICE IN
CT, fL, IL, MA, TX, ENGLAND
October 29, 2002
JOSEPH H. GELLERT
(1907-1989)
DELIVERED BY HAND
75 WASHINGTON STREET
POUGHKEEPSIE, NEW YORK 12601-2303
(845) 454-3250
fAX (845) 454-4652
Mr. James Sedore
Sedore, O'Sullivan, Letterio & Barschi
62 East Main Street - P.O. Box 918
Wappingers Falls, NY 12590
Re: Town of Wappinger - Pending or Threatened
Tax Certiorari Proceedings
Our File No. 6719.0029
Dear Mr. Sedore:
The following is the status of pending or threatened tax certiorari proceedings
claims and assessments to the best of my knowledge as of December 31, 2001,
and to date.
Please be reminded that the undersigned has been appointed Tax Certiorari
Attorney to the Town Board effective January 1, 1992, and all information relating
to matters occurring or accruing prior to January 1, 1992, is based upon those
records and information made available to the undersigned through the files
maintained by the Town or from correspondence forwarded by predecessor
counsel. The following is the status of pending or threatened tax certiorari
proceedings to the best of my knowledge as of December 31,2001, and to date.
RECENT ACTIVITY IS INDICATED IN CASES NUMBERED 8,11, 26,36,
37,38,41, 62, 68, 71, AND 74 THROUGH 83:
1. Wappingers Falls Plaza Associates v. Town of Wappinger - the Petitioner
seeks a reduction for tax years 1987 to 1990 from an assessed valuation of
$6,542,200.00 to $1,635,550.00; for tax years 1991 and 1992 reduction is
sought from $5,200,000.00 to $1,300,000.00; for tax year 1993 reduction is
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sought from $5,500,000.00 to $1,375,000.00. A favorable settlement to the ) ^--~'A.ft,Gv{
Town has been agreed upon and So Ordered by the Hon. Louis C. Palella as')!
follows: $200,000.00 reduction in assessment for each year between 1987
through 1990; $600,000.00 reduction for each year between 1991 through.
1993. Petitions have subsequently been filed seeking a further reduction.
Based upon information supplied from the Assessor's Office, it is not
anticipated that the litigation will result in a non-favorable outcome.
Southland Corp. and Texland Properties v. Town of Wappinger - These are
companion cases; Southland seeks a reduction in assessment from
$384,000.00 to $96,000.00 for assessment rolls of 1988, 1989 and 1990;
Texland seeks a reduction from $189,400.00 to $47,350.00. Southland
seeks a reduction from $290,000.00 to $72,000.00 for tax years 1993/94 and
1994/95. Texland seeks a reduction from $142,000.00 to $35,000.00 for tax
year 1993/94 and 1994/95. The petitions for 1988 and 1989 have been
dismissed as a matter of law pursuant to motion by the Town. The actions
for years 1988 through 1995 have been discontinued. Thus, there is no
possibility of adverse effect upon the Town. Indeed, all outstanding tax
years have been resolved favorably with respect to Town liability.
Waldbaum's Inc. v. Town of Wappinger - Petitioner sought a reduction in -"
assessment from $6,542,200.00 to $1,635,550.00 for the tax years 1988, C, Jy)_)L)~f
1989,1990 and 1991; from $5,500,000.00 to $1,375,000.00 for tax years (, v
1992,1993 and 1994; and for a smaller adjoining parcel from $120,000.00 ~
to $30,000.00 for tax year 1994. This matter has been settled and So
Ordered by the Hon. Louis C. Palella in conjunction with the companion
lawsuit ofWappingers Falls Plaza Associates which included all tenancies.
However, petitions for tax years 1997 and 1998 have been served seeking a
reduction from $4,900,000.00 to $490,000.00 on Grid No. 19-6157-02-
653974-00 and a reduction of$120,000.00 to $12,000.00 on accompanying
parcel Grid No. 19-6157-02-653974-01. Based upon information supplied
from the Assessor's Office, it is not anticipated that the litigation will result
in a non-favorable outcome.
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New ~ork. Telephone v. Town of Wappinger - the petitioner is seeking a r." ~
reductIOn III assessment for tax years 1988 and 1989, from $2,123,200.00 to /'yJUrl
$945,373.00 and from $1,194,000.00 to $781,600.00 for tax year 1994. The
actions have been discontinued by the petitioner. Thus, there is no
possibility of an adverse effect upon the Town.
Leemilts Petroleum. Inc. v. Town of Wappinger -the petitioner is seeking a
reduction in assessment for tax years 1988, 1989 and 1990, from
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$516,100.00 to $129,025.00 and a reduction in tax year 1991 from
$390,000.00 to $292,000.00. Based upon information supplied from the
Assessor's Office, there is no likelihood of an unfavorable outcome. Indeed,
the actions have been discontinued by the petitioner. A new action for tax
year 1993/94 has also been discontinued by the petitioner.
L. Richard Rosenberg and Sol Silver v. Town of Wappinger - the petitioner
is seeking a reduction in assessment for the tax year 1989 from $333,000.00
to $120,600.00. Based upon information supplied from the Assessor's
Office, it is not anticipated that the litigation will result an unfavorable
outcome. Indeed, the action has been discontinued by the petitioner.
However, The Estate of L. Richard Rosenberg and Sol Silver seek a
reduction for Tax Grid No. 19-6056-02-590514-00 from $3,400,000.00 to
$2,341,598.00 for tax years 1997 and 1998. Based upon information
supplied from the Assessor's Office, it is not anticipated that the litigation
will result in a non-favorable outcome.
T.H. Baker and Charles F. Gilbride v. Town of Wappinger - the petitioner is
seeking a reduction in assessment for tax years 1989, 1990 and 1991, from ,/ .
$773,100.00 to $407,160.00. Petitioner has agreed to discontinue these J (,-J..-v'-~F(-(u.i
actions. The remaining actions have been settled and So Ordered by the
Hon. Louis C. Palella as follows: reduction to $525,000.00 for 1992; and
reduction to $470,000.00 for 1993. Petitioner thereafter sought reduction
from $304,000.00 to $138,645.00 with respect to Tax Map Grid No. 19-
6156-02-544737-00 for the subsequent tax years through 1999. The parties
have agreed to a settlement favorable to the Town as follows: an
assessment of$280,000.00 for tax years 1995 and 1996; $285,000.00 for
tax years 1997 and 1998; $290,000.00 for tax year 1999.
Wappingers Falls Owners Corp. v. Town of Wappinger - the petitioner is . .
seeking a reduction in assessment for tax years 1988, 1989 and 1990 from ~ cti..1f'.$ ~
$2,044,800.00 to $511,200.00; for tax years 1991, 1992, 1993 and 1994 ~
from $1,540,000.00 to $385,000.00. The parties have agreed to a settlement'
favorable to the Town of a $200,000.00 reduction for each year at issue.
The settlement has been So Ordered by the Hon. Louis C. Palella.
However, petitioner subsequently seeks reduction for tax years 1996
through 2002/03 from $1,340,000.00 to $268,000.00. Based upon
information supplied from the Assessor's Office, it is not anticipated that
the litigation will result in a non-favorable outcome.
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./ 9. Montclair Townhouse Condominium Association v. Town of Wappinger -
the petitioner is seeking a reduction in assessment for the tax year 1989
from $1,333,200.00 to $333,700.00. Based upon information supplied from
the Assessor's Office, there is no likelihood of an unfavorable outcome. In
addition, any enforcement of the petition would now be opposed as
untimely for not having filed the Note of Issue within the four (4) year
period.
,," 10. Friendly Acura, Inc. v. Town of Wappinger - the petitioner is seeking a
reduction in assessment for the tax years 1988, 1989, 1990, 1991 and 1992 , ,~~
from $1,080,000.00 to $270,000.00. The parties have agreed to a settlement. rJ~/.;v
favorable to the Town, and accepted by the Hon. Louis C. Palella, which \-Jv I
reduces the assessment for each year at issue by $100,000.00.
Cedar Hill Development Corp. v. Town of Wappinger - the petitioner is
seeking a reduction in assessment for the tax years 1989 and 1990, from
$900,000.00 to $383,200.00; for tax year 1991 from $675,000.00 to
$466,437.00; for tax year 1992 from $675,000.00 to $253,640.00; and for
tax years 1993 and 1994 from $650,000.00 to $256,800.00. Based upon
information supplied from the Assessor's Office, there was likelihood of an
unfavorable outcome, however, the Town's exposure was projected to be
less than $9,000.00. Thus, settlement favoring the Town has been reached
as follows: For assessment year 1991, reduction from $675,000.00 to
$554,000.00; for assessment year 1992, reduction from $675,000.00 to
$543,000.00; for assessment year 1993, reduction from $675,000.00 to
$528,000.00; for assessment year 1994, reduction from $675,000.00 to
$538,000.00; and for assessment year 1995, reduction from $675,000.00 to
$425,000.00. The Stipulation of Settlement has been signed by Judge
Palella and So Ordered. Petitioner has filed a subsequent Petition seeking
to reduce the assessment in tax years 1999 through 2002/03 from
$425,000.00 to $140,625.00. Based upon information supplied from the
Assessor's office, there is no likelihood of an unfavorable outcome.
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Conifer Development. Inc. v. Town of Wappinger - the petitioner is seeking
a reduction in assessment for the tax year 1989, from $880,000.00 to
$600,000.00. This petition has been dismissed as a matter of law.
Settlement was reached reducing the 1991 tax year assessment from
$660,000.00 to $545,000.00 and reducing the 1992 tax year assessment
from $545,000.00 to $480,000.00 with negligible exposure to the Town.
The Town's exposure is projected to be less than $200.00. The petition to
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reduce the 1996 assessment from $660,000.00 to $478,000.00 has been
discontinued without any refund.
t/i3. Imperial Plaza Partnership v. Town of Wappinger - the petitioner is seeking
a reduction in assessment for tax year J22Q from $12,500,000.00 to.\,/\-/: vv 4
$3,125,025.00; for tax year 1991 from $9,385,000.00 to $2,346,250.00. '
Tax year 1990 has been settled favorably to the Town with a reduction in
assessment to $11,500,100.00. Petitioner is presently seeking an
undetermined reduction in assessment for the smaller included parcels of
the tract for tax year 1993/94. However, a Note of Issue has not yet been
filed by the petitioner. Based upon information supplied from the
Assessor's Office, there is no likelihood of an unfavorable outcome.
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Wendcello Corp. v. Town of Wappinger - the petitioner sought a reduction
for tax 1992/93 from an assessed valuation of $600,000.00 to $195,000.00.
Petitioner subsequently filed a Stipulation of Discontinuance.
Vinco Realty Corp. v. Town of Wappinger - the petitioner seeks reduction
for tax year 1992 from $112,500.00 to $63,410.00 and a reduction for tax
years 1993 and 1994 from $112,500.00 to $64,200.00. The matter was
settled favorably to the Town for fair market value totaling $500,000.00
along with companion cases, Three Co., Inc. and Three Star Anodizing
Corp.
Three Co.. Inc. v. Town of Wappinger - the petitioner seeks a reduction for
tax year 1992 from $410,000.00 to $300,000.00 and a reduction for tax
years 1993 and 1994 from $410,000.00 to $112,350.00. The matter was
settled favorably to the Town for fair market value totaling $500,000.00
along with companion cases, Vinco Realty Corp. and Three Star Anodizing
Corp.
Sunset Crest Associates v. Town of Wappinger - the petitioner sought a
reduction for tax year 1992 from $387,500.00 to $152,500.00; reduction
from $340,000.00 to $165,000.00 in 1993; and reduction in 1994 from
$340,500.00 to $159,000.00. The matter was settled in a manner favorable
to the Town as follows: a reduction for tax year 1992 from $387,500.00 to
$176,000.00; for tax year 1993 from $340,000.00 to $176,000.00; for tax
year 1994 from $340,500.00 to $176,000.00.
18. Wappinger Pinetree Development Corp. v. Town of Wappinger - the
petitioner seeks a reduction for tax year 1992 from an assessed valuation of
$130,000.00 to $50,000.00. Based upon information supplied from the
Assessor's Office, it is not anticipated that the litigation will result in a non-
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favorable outcome.
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19. Brack Construction Co. v. Town of Wappinger - the petitioner seeks a
reduction for tax year 1992/93, 1993/94, 1994/95 and 1995/96 from
$209,000.00 to $52,250.00. Trial had been scheduled for July 18,1997.
The matter has been settled in a manner favorable to the Town with all years
at issue resulting in a reduced assessment ranging from $68,483.00 to
$76,788.00.
\ 20. Ker Associates v. Town of Wappinger - the petitioner is seeking a reduction
in assessment for tax year 1992/93 from $2,775,000.00 to $2,100,000.00.
Based upon information supplied from the Assessor's Office, there is no
likelihood of an unfavorable outcome. Indeed, a Stipulation of
Discontinuance has been filed for the aforementioned tax year at issue.
21. Giuseppi Porco and Dominic Porco v. Town of Wappinger - the petitioner is
seeking a reduction in assessment for tax year 1992/93 from $335,000.00 to
$250,380.00. Based upon information supplied from the Assessor's Office,
there is no likelihood of an unfavorable outcome.
,// 22. Contrail Associates of Wappinger v. Town of Wappinger - the petitioner
sought reduction on total assessment of property owned for tax year 1993.
The parties agreed to a settlement favoring the Town, and approved by
Judge Palella, reducing the total assessment from $1,298,500.00 to
$912,355.00.
v 23. Satellite Investments v. Town of Wappinger - the petitioner sought a
reduction in assessment for tax year 1992 from $770,000.00 to $274,275.00.
The parties have agreed to a settlement favoring the Town, and approved by
Judge Palella, reducing the assessment to $400,000.00.
J 24. Kenneth Levine and Richard Rutta v. Town of Wappinger - the petitioner
seeks a reduction for 1997 and 1998 from an assessed valuation of
$300,000.00 to $295,000.00. The Town has consented to the de minimis
relief requested which has resulted in a settlement favorable to the Town.
Three Star Anodizing Corp. v. Town of Wappinger - the petitioner seeks a
reduction for 1993 and 1994 from an assessed valuation of$140,000.00 to
$112,350.00. The matter was settled favorably to the Town for fair market
value totaling $500,000.00 along with companion cases, Three Co., Inc. and
Vinco Realty Corp.
/26. Imperial Gardens Company v. Town of Wappinger - the petitioner seeks a
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reduction for tax years 1993/94, 1994/95 and 1995/96 from an assessed
valuation of $3,450,000.00 to $1,632,580.00. The reductions in all three (3)
aforementioned tax years were reduced in a settlement most favorable to the
Town in that the assessment was reduced to only $3,375,000.00.
Thereafter, petitioner sought reduction from $3,375,000.00 in tax years
1999 to date to $1,185,542.00. Based upon information supplied from the
Assessor's Office, there is no likelihood of an unfavorable outcome.
\-/ 27. Giuseppi Porco v. Town of Wappinger - the petitioner seeks a reduction for
1993 from an assessed valuation of$378,000.00 to $245,122.00. Based
upon information supplied from the Assessor's Office, there is no likelihood
of an unfavorable outcome.
v 28. Hardee's Food Systems. Inc. #1322146 - the petitioner seeks a reduction for
1994 from $5,500,000.00 to $1,650,000.00 for tax map grid #19-6157-02-
653974-00 which pertains to the entire shopping center. In 1996 and 1997,
the Petitioner filed a petition with respect to tax map grid #19-6157-02-
653974-01 seeking reduction from $120,000.00 to $12,000.00. Based upon
information supplied from the Assessor's Office, there is no likelihood of
an unfavorable outcome.
1/29. Cresthill Industries - the petitioner sought a reduction for tax years 1994
and 1995 from $148,000.00 to $37,000.00 and from $139,000.00 to
$34,750.00 for 1996 and 1997. The parties finalized a settlement favorable
to the Town ranging from an assessment of $88,088.00 in 1994 to
$92,651.00 in 1997.
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Pavillion Condominium - the petitioner sought a reduction for tax years
1994 and 1995 from an assessed valuation of$7,364,000.00 to
$4,420,000.00. A Stipulated Order favoring the Town reduced the
assessment for each of the aforementioned years to $6,260,800.00.
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Nurhom Realty Inc./School House Realty L.L.C. - the petitioner seeks a
reduction for tax years 1994/95 and 1995/96 from an assessed valuation of
$695,000.00 to $173,750.00. The first ever petition for reduction in
assessment under School House was filed for tax years 1996/97, 1997/98,
1998/99 and 1999/2000. School House Realty L.L.C. - Petitioner is seeking
a reduction in assessment for the relevant tax year from $695,000.00 to
$139,000.00. After lengthy negotiations and conferences, a settlement
favorable to the Town was reached with reductions resulting in final
assessment ranging between $473,855.00 and $573,458.00. It should be
noted that the Village of Wappinger accepted our lead and settlement
proposal, and entered into the same settlement with the petitioner despite
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the Village's actual assessment in excess of$2,3000,000.00.
/ 32. Pacific State Land Corp. - the petitioner seeks a reduction for tax years
1994,1995 and 1996 from an assessed valuation of$300,000.00 to
$80,000.00. Based upon information supplied from the Assessor's Office,
there is no likelihood of an unfavorable outcome.
~./33. Marshfield Enterprises, Inc. - the petitioner seeks a reduction for tax years
1994 and 1995 from an assessed valuation of $855,000.00 to $200,000.00.
Based upon information supplied from the Assessor's Office, there is no
likelihood of an unfavorable outcome. The parties were in settlement
negotiations which have now broken off, however, the Town remains
prepared to settle in a matter favorable to the Town. Indeed, a part of the
tract has been sold to a third party which has reached agreement with the
Town Assessor at no cost to the Town.
,/ 34. Chelsea Ridge Mall - the petitioner seeks a reduction for tax years 1994,
1995 and 1996 from an assessed valuation of$400,000.00 to $300,000.00.
Based upon information supplied from the Assessor's Office, there is no
likelihood of an unfavorable outcome.
l/ 35. Waban, Inc. (BJ'S WHOLESALE CLUB) - the petitioner seeks a reduction
for 1994 from $15,000,000.00 to $7,500,000.00. However, the petitioner
has discontinued the action by virtue of a Stipulation of Discontinuance.
Thus, there is no possibility of an adverse effect upon the Town.
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Rawls Leisure Living, Inc. - the petitioner seeks a reduction for 1994 from
$400,000.00 to $375,000.00. Given the minimal requested reduction, the
Town has consented to the reduction in accordance with the pertinent
valuations herein. The settlement has been So Ordered by the Hon. Louis
C. Palella. (See Update below in Roberts Running Creek Mobile Home
Park, Inc.) Stipulations of Settlement are pending which would reduce the
assessment for tax years 1999,2000 and 2001 from $649,900 to
$412,250.00 and from $539,800.00 to $531,120.00 with respect to the
adjoining parcel.
Wappingers Falls Trailer Park Inc. (a.k.s. Wappinger Falls Mobil Home
Park Inc.) - the petitioner seeks a reduction for 1994tfrom $1,000,000.00 to
$790,000.00. The Town has consented to the reduction in accordance with
the pertinent appraisals and valuations herein. The settlement has been So
Ordered by the Hon. Louis C. Palella. (See Update below in Roberts
Running Creek Mobile Home Park, Inc.) Stipulations of settlement are
pending which would reduce the assessment for tax years 1999, 2000 and
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2001 from $1,006,200.00 to $933,625.00.
v' 38. Roberts Running Creek Mobile Home Park Inc. - the petitioner along with
Rawls Leisure Living and Wappingers Falls Trailer Park have challenged
the constitutionality of the 1999 assessments. However, the Town has
authorized a favorable settlement whereby each of the three petitioners will
be required to pay 33 1/3% of the increase of the 1999 assessment.
Stipulations of Settlement are pending which would reduce the assessments
for tax years 1999,2000 and 2001 from $2,448,800.00 to $1,741,200.00.
......-'39. Pizzagalli Development Company - the petitioner seeks a reduction for
1994 from an assessed valuation of $12,000,000.00 to $5,000,000.00. The
matter has been settled without any exposure to the Town, or any refund,
with an assessment of $6,000,000.00.
J 40. Dr. Mario A. Vilardi - the petitioner seeks a reduction for 1994 from an
assessed valuation of $116,000.00 to $31,275.00. Based upon information
supplied from the Assessor's Office, there is no likelihood of an unfavorable
outcome. Indeed, the matter has been settled via a discontinuance of the
action without any liability to the Town.
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Hoeventure - the petitioner seeks a reduction for tax year 1994 and 1995
from an assessed valuation of $700,000.00 to $547,313.00. The matter was
settled in a manner favorable to the Town by reduction of the 1994
assessment from $700,000.00 to $574,020.00 and with respect to the 1995
petition from $700,000.00 to $609,840.00. Exposure to the Town was
negligible. A new petition seeks a reduction for tax year 2002/03 from
$ 609,840.00 to $354,890.00. Based upon information supplied from the
Assessor's Office, there is no likelihood of an unfavorable outcome.
./ 42. A.T. Aleksandravicius - the petitioner seeks a reduction for tax years 1994
and 1995 from $425,000.00 to $243,945.00. The matter was settled in a
manner favorable to the Town by reduction from $425,000.00 to
$290,000.00 in each year. The predicted exposure to the Town is
negligible.
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l/ 43. Cranberry Hills Associates - the petitioner seeks a reduction for tax years
1995 and 1996 for numerous parcels alleging a reduction to at least 60%
rate of equalization. A settlement has been entered into which, when
effectuated, may result in a significant refund from the Town, which refund
is, however, offset by, of course, tax payments over a period of years and
the likelihood that litigation would have resulted in even substantially larger
refunds. It should be noted that exposure in any given tax year would not
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approach $20,000.
../ 44. Nelson Construction Inc. - the petitioner seeks a reduction for tax year 1995 "
from $210,000.00 to $120,600.00. A favorable settlement to the Town was v-v11~:.{
effectuated reducing the assessment to $180,000.00. ~
v 45. PEB Construction Company d/b/a B&D Contracting - the petitioner seeks a
reduction for tax years 1995, 1996 and 1997 from $925,000.00 to
$214,500.00. The matter was settled in a manner favorable to the Town
with an assessment of $825,000.00 for each year at issue. The same
assessment of$825,000 was agreed to for 1998 with the parcel's new
owner, Longtruco Realty Corp.
I/" 46. Wallace Sheft - the petitioner seeks a reduction for tax years 1995, 1996,
1997 and 1998 from $200,000.00 to $80,400.00. In addition, petitioner
filed a separate action in 1997 seeking a reduction in water and sewer
benefit assessments which was successfully defeated. The parties finalized
a favorable settlement to the Town reducing the assessments for 1997, 1998
and 1999 to $87,800.00 with the understanding that the prior petitions will
be withdrawn.
v 47. Nazario & Caterina Mei - the petitioners seek a reduction for tax years 1995
through 1998 from $150,000 to $50,000.00. The matter was settled in a
manner favorable to the Town with an assessment of $11 0,000 for each year
at issue.
~./ 48. Chelsea Ridge Associates - the petitioner seeks a reduction for tax years
1995,1996 and 1997 from $150,000.00 to $117,600.00. Based upon
information supplied from the Assessor's Office, there is no likelihood of an
unfavorable outcome.
J 49. Chelsea Yacht Club - the petitioner seeks a reduction for tax year 1995 from
$300,000.00 to $200,000.00 (the petition also states a full valuation of
$400,000.00). Settlement favorable to the Town was entered into keeping
an assessment of $300,000.00 in 1995 and providing for an assessment of
$270,000.00 in 1996 and an assessment of$240,000.00 in 1997.
\.;/50. The United States Life Insurance Company in the City of New York - the
petitioner seeks a reduction for tax year 1995 from $1,200,000.00 to
$581,608.98. Based upon information supplied from the Assessor's Office,
there is no likelihood of an unfavorable outcome.
1/ 51. Michael Schnoor. Contract Vendee - the petitioner is seeking a reduction in
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assessment for tax years 1995 and 1996 from $116,000.00 to $38,268.00. A
stipulation discontinuing the actions has been filed.
../ 52. Kermit Enterprises - The first ever petition for reduction in assessment was
filed for tax year 1996/97 and thereafter. Petitioner is seeking a reduction in
assessment for the relevant tax year from $475,000.00 to $47,500.00.
Based upon information supplied from the Assessor's Office, there is no
likelihood of an unfavorable outcome.
53. Northcorp Realty Advisors, Inc. - The first ever petition for reduction in
assessment was filed for tax year 1996/97. Petitioner is seeking a reduction
in assessment for the relevant tax year from $380,000.00 to $238,000.00.
Based upon information supplied from the Assessor's Office, any potential
exposure to the Town is negligible.
,y 54. Hark Associates, L.L.C. - The first ever petition for reduction in assessment
was filed for tax year 1996/97. There are two grid numbers at issue: 19-
6157-04-567483-00 and 19-6157-02-567518-00. The petitioner seeks
reduction from $1,100,000.00 to $563,200.00 for each parcel. The matter
was very favorably settled to the Town with a reduction for each grid
number from $1,100,000.00 to $975,000.00. There is no exposure to the
Town.
/ 55. Colony Nyro Partners, L.P. - The first ever petition for reduction in
assessment was filed for tax year 1996/97. With respect to tax map grid
number 19-6158-19-601220-00 petitioner seeks reduction from
$10,500,000.00 to $5,100,000.00. For tax map grid number 19-6158-19-
601220-03 seeks reduction from $110,000.00 to $18,000.00. Based upon
information supplied from the Assessor's Office, any potential exposure to
the Town is negligible.
/
j 56. First Union National Bank (a.k.a. First Fidelity Bancorporation) - The first
ever petition for reduction in assessment was filed for tax years 1995, 1996,
1997, 1998 and 1999. With respect to tax map grid number 19-6158-14-
315297-00 petitioner seeks reduction from $208,000.00 to $52,000.00 and
$20,800.00 for the latter two years. For tax map grid number 19-6258-02-
759569-01 petitioner seeks reduction from $150,000.00 to $37,500.00 and
$15,000.00 for the latter two tax years. The parties have agreed to a
settlement favorable to the Town as follows: Grid Number 19-6158-14-
315297-00: The assessment was reduced to sums ranging between
$194,628.00 to $197,120.00 with respect to each tax year at issue; Grid
Number 19-6258-02-759569-01: The assessments were reduced to sums
ranging between $120,000 and $140,000 with respect to each tax year at
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. .
Issue.
all'57. Route 376 Associates, L.P. - The first ever petition for reduction in
assessment was filed for tax year 1996/97. Petitioner is seeking a reduction
in assessment for the relevant tax year from $9,400,000.00. However, it is
the Town's contention that the petition was tardily filed and should be
dismissed as a matter of law. Accordingly, a resolution favorable to the
Town was reached as the 1996/97 Petition was withdrawn and an
assessment of $5,332,500.00 was agreed to for 1998.
j,/ 58. 22 Associates LLP - The first ever petition for reduction in assessment was
filed for tax year 1998 seeking a reduction in assessment from
$1,837,500.00 to $100,000.00. A favorable settlement was entered into
whereby the petition was discontinued and the assessment was reduced to
the sum of$I,344,200.00.
,.../ 59. Advanced Advisory Corp. - The first ever petition for reduction in
assessment was filed for tax year 1998 seeking a reduction from
$294,500.00 to $225,000.00. A favorable settlement was entered into with
de minimis impact upon the Town.
/' 60. The Bank of New York v. The Town of Wappinger - petitions were filed
for tax years 1997 through 1999 seeking a reduction from $300,000.00 to
$192,500.00. Based upon information received from the Assessor's Office,
there is no likelihood of an unfavorable outcome.
./ 61. Dutchess Bleachery LLC - the first ever petition for reduction in assessment
was filed for tax year 1999, seeking a total reduction in assessment from
$214,500.00 to $21,450.00. Based upon information supplied from the
Assessor's Office, there is no likelihood of an unfavorable outcome.
,-/ 62. Fleet Bank - the first ever petition for reduction in assessment was filed for
tax year 1997/1998 seeking a reduction in assessment from $350,000.00 to
$70,000.00. Annual petitions have been subsequently filed. Based upon
information supplied from the Assessor's Office, there is no likelihood of an
unfavorable outcome.
./ 63. MRO Mid-Atlantic Corp. - the first ever petition for reduction in
assessment was filed for tax year 1998/1999 seeking a reduction in
assessment from $120,000.00 to $12,000.00. Based upon information
supplied from the Assessor's Office, there is no likelihood of an
unfavorable outcome.
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/
v 64. NY Residential Inc. - a petition was filed for reduction in assessment for
tax year 1997 seeking a reduction from $347,500.00 to $294,265.00.
Based upon information supplied from the Assessor's Office, there is no
likelihood of an unfavorable outcome.
v 65. Plaza 9 Associates - a petition was filed for tax year 1997 seeking a
reduction from $814,000.00 to $800,000.00. The Town has consented to
the de minimis relief requested which has resulted in a settlement favorable
to the Town.
;/ 66. Allan V. Rose - the first ever petition for reduction in assessment was filed
for tax year 1998/1999 seeking a reduction from $160,000.00 to $16,000.
Based upon information supplied from the Assessor's Office, there is no
likelihood of an unfavorable outcome.
./ 67. Spain Oil Corporation - the first ever petition for reduction in assessment
was filed for tax year 1998 seeking a reduction from $150,000.00 to
$15,000.00. A favorable settlement saving the Town the cost of refund and
other expenses was entered into reducing the assessment from $140,000.00
to $43,000.00.
v 68. Wappinger Acquisition LLP (Wappinger Associates, LLC) - the first ever
petition for reduction in assessment was filed for tax year 1998/1999
through 2002/03 seeking a reduction from $4,900,000.00 to $980,000.00.
Based upon information supplied from the Assessor's Office, there is no
likelihood of an unfavorable outcome.
v 69. W oodhill Green Condominiums - the first ever petition for reduction in
assessment was file for tax year 1998 seeking a reduction from
$3,790,800.00 to $379,080.00. Based upon information supplied from the
Assessor's Office, there is no likelihood of an unfavorable outcome.
v 70. Biloba. Inc. - Petitioner seeks a reduction in the 1998 assessment from a
total of$7,798,900.00 to $4,742,000.00. Based upon information supplied
from the Assessor's Office, there is no likelihood of an unfavorable
outcome.
vi 71. TSG Associates - the petitioner seeks a reduction for tax year 1999 from
$1,150,000.00 to $460,114. The parties are finalizing a proposed settlement
that will render minimal exposure to the Town.
.~ 72. Frederick Tibbetts - the petitioner seeks a reduction for tax year 1999 from
$381,600.00 to $213,510.00. Based upon information supplied from the
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Assessor's Office, there is no likelihood of an unfavorable outcome.
v 73. Joseph and Rachel Townsend - the petitioners seek a reduction for tax year
1999 from $140,000.00 to $28,000.00. Based upon information supplied
from the Assessor's Office, there is no likelihood of an unfavorable
outcome.
~. 74. Herbert H. Redl- the petitioner seeks a reduction for tax year 1999 from
$1,478,000.00 to $728,000.00 for property located at 1143-51 Route 9,
Wappingers Falls, NY. The parties are presently in negotiations favorable to
the Town which should result in minimal potential exposure to the Town.
L.-- 75. Imperial Improvements. LLC - the petitioner seeks a total reduction for tax
years 1999 trough 2002 from $4,320,800.00 to $2,268,000.00 and
$ 1,701,000.00 currently. Based upon information supplied from the
Assessor's Office, there is no likelihood of an unfavorable outcome.
v76. HSBC Bank. USA - The petitioner seeks a reduction for tax years 2001 and
2002 from $ 420,000.00 to $ 42,000.00The information provided by the
Assessor's office indicates that this new proceeding renders it unlikely that
there will be an unfavorable outcome.
./ 77. Loewen Development - The petitioner seeks a reduction for tax years 2001
and 2002 from $4,200,00.00 to $ 3,231,414.00. The information provided
by the Assessor's office indicates that this new proceeding renders it
unlikely that there will be an unfavorable outcome.
v 78. Werner Henzler - The information provided by the Assessor's office
indicates that this new proceeding renders it unlikely that there will be an
unfavorable outcome.
v 79. James and Kathleen Turco - The petitioner sought an Article 78 reduction in
the residential assessment of$140,000.00. The parties have agreed to
settlement favoring the Town and reducing the assessment to $95,000.00.
Negotiations have commenced which indicate that a favorable settlement to
the Town and de minimis reduction in assessment will be achieved.
t/ 80. Eckered Corporation and New Wappingers Centerpoint, LLC - The
petitioner seeks a reduction for tax year 2002/03 from $ 1,094,300.00 to
$ 547,150.00. Based upon information supplied from the Assessor's Office,
there is no likelihood of an unfavorable outcome.
V 81. Randall Benderson 1993 - Trust - The petitioner seeks a reduction for tax
14
year 2002/03 from $ 1,175,000.00 to $ 342,000.00. Based upon
information supplied from the Assessor's Office, there is no likelihood of an
unfavorable outcome.
V'. 82. Home Depot - The petitioner seeks a reduction for tax year 2002/03 from
$ 3,478,100.00 to $ 347,810.00. Based upon information supplied from the
Assessor's Office, there is no likelihood of an unfavorable outcome.
./ 83. Sherwood Development I. LLC and Sherwood Development II. LLC - The
petitioner seeks a reduction for tax year 2002/03 from $ 3,055,100.00 to
$ 305,510.00. Based upon information supplied from the Assessor's Office,
there is no likelihood of an unfavorable outcome.
./ 84. A.R. Fuels, Inc. - The petitioner seeks reductions in tax years 2001/02 and
2002/03 from $ 4,706,800.00 to $1,176,700.00. Based upon information
supplied from the Assessor's Office, there is no likelihood of an
unfavorable outcome.
f/ 85. Cedar HilL LLC - The petitioner seeks a reduction for tax year 2002/03
from $ 550,000.00 to $ 150,000.00. Based upon information supplied from
the Assessor's Office, there is no likelihood of an unfavorable outcome.
(/ 86. Widmer Construction Corp. - The petitioner seeks a reduction for tax year
2002/03 from $109,000.00 to $ 10,900.00. Based upon information
supplied from the Assessor's Office, there is no likelihood of an
unfavorable outcome.
In addition, there have been certain small claims actions commenced against
the Town, all of which have either been dismissed, have been or will be resolved
favorably to the Town.
UNASSERTED TAX CERTIORARI CLAIM AND PROCEEDINGS
The undersigned knows of no unasserted tax certiorari claims or
proceedings sought to be commenced and/or if commenced, would have a
possibility of an unfavorable outcome. However, in the course of performing
legal services for the Town of Wappinger with respect to a matter recognized to
involve an unasserted possible claim or proceedings that may call for financial
statement disclosure, and I have formed a professional conclusion that the Town
should disclose or consider disclosure concerning such possible claim or
assessment, as a matter of professional responsibility to the Town of Wappinger, I
15
..
will so advise the Town and will consult with the Town concerning the question of
such disclosure and the applicable requirements of statement of Financial
Accounting Standards No.5.
There are no other potential liabilities or loss contingencies that are required
to be disclosed or accrued in the financial statements. All contingent liabilities set
forth above are as of the date of this correspondence. The scope of this letter
includes tax certiorari proceedings commenced against the Town between January
1, 1992 and the date of this letter. Legal matters that were pending as of
December 31,1991, were set forth on the basis disclosed to the undersigned from
information supplied by the Town, or by predecessor counsel. Other than such
information, the undersigned knows of no other matters that were pending prior to
December 31, 1991. Since the undersigned was appointed as Tax Certiorari
Attorney to the Town on January 1, 1992, I am unfamiliar with any matters that
may have been settled prior to December 31, 1991. However, those matter would
have already impacted the financial condition of the Town and need not separately
be disclosed or discussed. To the knowledge of the undersigned, no other tax
certiorari proceedings have been commenced against the Town nor are any such
actions pending which would subject the Town to any monetary payment or
financial loss.
Ve~ truly yours, ,/',,7
/./~"." lid ...-....... /'"
C ^-.........: ~ /'J~._~......,~,,,,,..
/f" .....-~...._...._....._-._..
/' .......,-,.
E~ue1 F. Saris
EFS:mjd
cc: Hon. Joseph Ruggiero, Town Supervisor
Acting Assessor, Town of Wappinger
Albert P. Roberts, Esq.
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