R&B Properties, Inc.
Caltagirone & Coleman
AlTORNEYS"AT"LAW
FIRM WEBSITE: WWW.SCCLAW.COM
~~. -~
3 CANNON STREET
POUGHKEEPSIE, NY 12601
PAUL CALTAGIRONE, ESQ.
CHRISTOPHER S. COLEMAN, ESQ.
LISA COLEMAN, Office Administrator
JEANNINE ELLINGSEN, Secretary
TELEPHONE: (845) 454-2569
FACSllMITLE: (845)454-8417
DIRECT EMAll.: cc(aisCCLA W .COM
(ELECTRONIC SER VICE NOT A UTHORlZED)
November 24, 2008
Scott L. Volkman, Esq.
Gellert & Klein
75 Twashington Street
Poughkeepsie, NY 12589
Pamela Barrack, Commissioner of Finance
County of Dutchess Finance Department
22 Market Street
Poughkeepsie, NY 12601
Chris Masterson, Town Clerk
The Town of Wappinger
Town Hall
20 Middlebush Road
Wappinger Falls, NY 12590
F>;"':('EIVED
' '." ,. "".1
::: 2008
TOWN CLERK
Richard A. Powell, Superintendent of Schools
Wappinger Central School District
167 Myers Comers Road - Suite 200
Wappinger Falls, NY 12590
Christian Harkins, Assessor
To\vn Hall
20 Middlebush Road
Wappinger Falls, NY 12590
Re: In the Matter of R&B Properties, Inc. v.
Christian Harkins. As Assessor of The Town of Wappinfer. and Town of Wappinfer
Dear Mr. Volkman, Ms. Barrack, Mr. Masterson, Mr. Powell & Mr. Harkins:
Enclosed for service upon you please find an Order of Settlement with Notice of Entry III
connection with the above referenced matter.
Should you have any questions please do not hesitate to contact me, I remain
r,\e~ ~) Tic.
- IIJO eClpU') 'Sf ,ff
OV"r A~ {)Qf....
L(}.l.J1.~""t '((rvM!lo
Page 2 of2
November 24,2008
Re: In the Matter of R&B Properties, Inc. v.
Christian Harkins, As Assessor of The Town of Wappinger, and Town of Wappinger
By:
PClje
Enclosure
cc: Client
Very truly yours,
Caltagirone & COI'":tl. _
~-
CHRISTOPHER S. COLEMAN, ESQ.
At a Special Term of the Supreme Court,
State of the New York, County of Dutchess ,
held on 624c)#~ .~ , 2008 at
140 Gland Sl.J.c:c:t, White Plains, New York.
PRESENT:
RON. JOHN LACAVA, J.S.C.
RECEIVED
NOV 2 ~ 2008
TOWN CLERK
Index No.: 2007-5432
In the Matter of the Application of
R & B PROPERTIES, INC.,
Petitioner(s),
- against -
ORDER OF
SETTLEMENT
CHRISTIAN HARKINS, AS ASSESSOR OF THE TOWN
OF WAPPINGER, and THE TOWN OF WAPPINGER,
Respondent(s).
On the Notices and Petitions and all other papers and proceedings had
herein, and on. the annexed Stipulation of Settlement, and now upon motion of
CALTAGIRONE & COLEMAN (by Christopher S. Coleman, Esq.) Counsel for
Petitioner, and GELLERT & KLEIN (by Scott Volkman, Esq.), Special Counsel for
Respondents; it is hereby
ORDERED, ADJUDGED AND DECREED, that the Petitioner's
assessment be hereby adjusted, corrected and reduced as follows:
. ,
Parcel Grid Identification No.: 1356896057-04-963316-0000
Assessment Year Original Assessment
Reduction
New Assessment
2007/2008
$600,000.00
$300,000.00
$300,000.00
; and it is further
ORDERED AND DIRECTED, that the officer or officers having the
Page 1 of3
custody of the assessment rolls upon which the above-captioned assessment and taxes are
levied thereon shall forthwith correct the said entries in conformity with this Order; and it
is further
ORDERED AND DmECTED, that there shall be audited, allowed and
paid by the Town of Wappinger or by the Commissioner of Finance of Dutchess County,
and that the Town of Wappinger or the Commissioner of Finance of Dutchess County
shall make and pay to Petitioner's attorney the amounts, if any, paid by said Petitioner, its
agents or representatives as t.axes against the said erroneous assessment in excess of what
the taxes should have been if the said assessment had been as determined by this Order,
fly?y (6<2>)
without interest if paid within tHirty (30) days after service of this Order with notice of
entry, otherwise at the statutory rate; and it is further
ORDERED AND DIRECTED, that there shall be audited, allowed and
paid by the Wappinger Central School District and that the Finance Officer or other
appropriate officer of said school district shall make and pay to Petitioner's attorney the
amounts, if any, paid by the said Petitioner, its agents or representatives as taxes against
said erroneous assessment in excess of what the taxes should have been if said assessment
had been as directed by this Order, without interest if paid within t:tr6t;) e after
service of this Order with notice of entry, otherwise at the statutory rate; and it is further
ORDERED AND DIRECTED, that in the event that taxes are unpaid and
have already been billed, the officer or officers having custody of the assessment rolls shall
forthwith forward to Petitioner a new bill or assessment or bills, taxing said Petitioner on
the basis of the final total assessed valuation stipulated to herein, without penalty; and it is
further
Page 2 of 3
. ,.~
ORDERED, that these proceedings are discontinued with prejudice and
without costs or disbursements against either party, and that an Order to said effect
(including this Order) may be entered by any party without notice.
Dated:
ILj ,-:i 0 ,-
,2008
E N T E R: / /.:~,;;;;::/~)
<..:"'"C~~,,,",<Y,,~/ ~ ..' .--::..
. .>.;t.. .. ,~..-~--,
/,;:'X~i/'1::..., ,~ -
HON~ JOHN LACAVA, J.S.c.
81' .~",,,,,,,,,,,,,,",,,,,,,,,,. -
,ATE OF NEW '(('<;;" ,C'"._..~~...!~ -. .~... "_ ,
I gln"'F{U?F1 ''':''''H\i'''''~ :~JUN" Of DUTCHESS)SS - .. ::::..,.~"'~
,.",; ......,'" ,:..,,~ ,..l ....tH;;:ryClERI(ANDC ~, ___, n ..
./U I .1 ..: " :, ~'Ii 'NTv r1') >1' I, :. v r:1''''''I''''( TUAT l EhK Or I HE ;-,CPREME I;ND OUNTY COUR-r
~ '--r--". f. - ,_ '-' I ... '\, r> h; ., .... '.
.. ':'" :.:1' I":' '. ) I. \ ':,['l'r),',['f.:::; IN" 'i" ')~ f",~~lnOJNt CO^o~ ,o,i':ED n'l1s COP) \'1iT:1 T, 'F OR"'r"AS,
. ,1 .. i' L' .. ",. ..' " _1 ....'" I , - I Z. '2 ~. \""..
",:.,. J :.':,' >' ','':' ,(,,,Rr.'Cr rFI.ANSCRIPT T t:: .:r-" ~ -00 Q
I".n ~')l':\ t:h,f:0F, IMVEH",RElINToi~~~1;;t.Nf~; -~32
:~l(ED MY OFFle/p,L SEAL
(1) J 7.~ 7'
COIJNiV CLERf~,~ CLERK OF THE SUPREME ~OUNTY CO~URTS OU .... ~ ,
- ......_._-....;....-_.._~_ . , T~HES'CO'L;NT:Y
. ',;, ~
~ \ ( , ......".
" , ...1
1 ..,,-.. ',("
Ij "1 '~'.
,h. "~"
.:~ ,..... ' .
.. ',f"
. "
Page 3 of3