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Wappingers Falls Owners Corp ,. SUPREME COORT OF THE STATE OF NEW YORK COUNTY OP DOTCHESS D-W-I-l In the Matter of WAPPINGERS FALLS OWNERS CORP. PETITION Petitioner, Index No.2008 - S7~7 -against- 'l'HE ASSESSOR OF THE TOvJN OF HAPPINGER, AND THE.BOARD OF ASSESSMENT REVIEW OF THE TOWN OF'VIAPPINGER, Tax Mac Description Map ~age Parcel 6158 19 619142.-0000 Respondents. Tax Year 2008/09 NOTICE OF PETITION RECEIVED JUl 2 8 2008 TOWN CLERK TO THE RESPONDENTS WITHIN NAMED: PLEASE TAKE NOTE THAT, upon the annexed verif ied petition, an application will be made, pursuant to the provisions of the Real Property Tax Law at IAS for Tax Certiorari of this Court, to be held at the courthouse located at 10 Market Street, Poughkeepsie, New York 12601 on .September 12, 2008 at 9:30 a.m., or' as soon thereafter a~ ~ounsel can be heard, for the reli~f prayed for in said petition, upon grounds set forth therein, and for such other and further relief 'as may be just and proper under the circumstances. RECEIVED ASSESSOR'S OFFICE JUL 28 2008 TOWN 011 WAPPINGI!R ~SSESSOR'S OFFICE 20 Mlddlebuah Road Wappingers Falls, N.Y. 12590 ""'" C::) = c:D '- c: I N 00 Dated: July 7, 2008 DA: D G. KOCH, ESQ. Attorney for Petitioner 170 Old Country Road Suite Mineola, New York 11501 (516) 294-9710 :D" :lJ: Si (A) CJ1 315 ,-..--;,..'", " SOPREME COURT OF TSE STATE OF NEW YORK COUNTY OF DUTCEESS In the Matter or PETITION Ind~x No. dl/)tJB~.s7E1 WAPPINGERS FALLS OWNERS CORP., Petitioner, -ag ainst- THE ASSESSOR OF THE TOWN OF WAPPINGER, AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF ~~APPINGER, Respondents. TO THE SPPREME COURT OF THE STATE OF NEW YORK: The above-named petitioner, by his attorney, DAVID G. KOCH, ESQ., respectfully alleges as follows: 1. At all times herein mentioned, peti tioner was and still 1.S a taxpayer of the municipality whose Assessor 1.S the respondent herein (hereinafter referred to as lithe assessing jurisdiction") and is an aggrieved party with respect to the assessment wi thin the meaning of ~7 06, Real Property Tax Law, State of New York. 2. The respondent has heretofore prepared, completed and per- fected, purportedly according to law, an assessment roll for the assessing jurisdiction, for the tax year 2008/09 which assessment roll included an assessment for your petitioner's real property, described in column I and assessed as set forth on page 3 in column II of the following schedule: -2- Ex ten t Town WAPPINGER Odg inal Claimed Confirmed Unequal Village Wappingers Falls Valuation Vall1i'l~ion Valuation and/or S.D. Wappingers CSD Excessive Map Page. Parcel - 6158 19 619142-0000 .Land $ 600,000 $ * $ 'l'otal $ 3,600,000 $ 720,000 * $ 2,880,000 Land $ $ * $ Total $ $ * $ Land $ $ * $ Total $ $ * $ Land $ $ * $ Total $ $ * $ Land $ $: * $ Total $ ,$ * $ Land $ $ * $ Total $ $ * $ Land $ $ * $ . . Total $ $ * $ Colurnn r Petitioner: File No: Column III ColU'M II WAPPINGERS FALLS OWNERS CORP. D-W-I-l Column IV Column V *Same as Coltmn II except as otherwise in:Hcated. -]- 3. Petitioner duly made and filed with respondents a written application and statement under oath, to have said assessed valuation of said real property corrected and revised, specifying therein the respect in which the assessment complained of was incorrect, and which application and statement sought to reduce the assessment complained of as set forth in Column III Paragraph 2, Page 3. The application and statement are hereby referred to and made part hereof as though fully set forth herein. 4. Upon information and belief, a final decision and determination on the application and statement were duly rendered by respondents who failed to reduce the assessment as requested and confirmed the assessed valuation of petitioner's property as set forth in Column IV Paragraph 2, Page 3. 5. Thirty days have not elapsed since the filing of the certified copy of the completed and verified assessment roll as required by law. 6. The assessment of petitioner's property is erroneous upon the following grounds, as more fully defined in R.P.T.L. ~522 which is incorporated by reference herein: (a) Excessive (to the extent set forth in Column V Paragraph 2, Page 3); (b) Unequal (to the extent set forth in Column V Paragraph 2, Page 3). The assessed value is at a higher percentage of value than the assessed value of all other real property on the same assessment roll. The specified instances of such unequal assessment is the assessments of all of the real property in the assessing jurisdiction and each and every parcel thereof; and (c) Unlawful in that this property and all real property in the assessing unit is not assessed at a uniform percentage of value as required by R.P.T.L. ~305 (2), and/or contrary to R.P.T.L. ~502 Form of Assessment Roll, and/or contrary to R.P.T.L. ~550(2) Clerical Error, and/or R.P.T.L. ~550(3) Error of Essential Fact, and/or R.P.T.L. ~550(7) Unlawful Entry, and/or R.P.T.L. ~301 Valuation Date, and/or R.P.T.L. ~302 Taxable Status Date. -4- 7. In the event that the assessment at issue has or should have a R.P.T.L. ~485-b Business Exemption and petitioner's property has failed to receive all or a portion of the R.P.T.L. ~485-b (business investment) exemption or other partial exemptions to which'it is entitled, or that respondents have failed to properly calculate such exemptions, the assessment should be reduced as excessive, unequal and unlawful. 8. Petitioner is aggrieved and injured by said unequal, excessive, illegal, unlawful, and/or erroneous assessment (as defined in R.P.T.L. ~522), and will be required to pay a greater amount and proportion of taxes than petitioner would be required to pay if the assessment had been equal and not excessive, illegal, unlawful and/or erroneous. 9. No provision is made by law for an appeal or other relief from the final determination of the respondents except by a review by petition to the Supreme Court. No previous application for the relief herein asked has been made to any court or judge. 10. If there is more than one petitioner herein, the word "petitioner" shall mean "petitioners" or "each of the petitioners", and if there is more than one tax lot and assessment herein, the word "assessment" shall mean "assessments" or "each of the assessments", and as used herein the singular shall include the plural and the plural shall include the singular, as the context requires. WHEREFORE, petitioner prays that the Supreme Court review and correct on the merits, the final determination of respondents on the grounds set forth in this petition, and that the Court take evidence to enable petitioner to show the unjust, unequal, excessive, unlawful, illegal and erroneous assessment of the real property to the end that the assessment may be reduced to the full, true and market value thereof for land and improvements, and to a valuation proportionate to the assessments of all other property in the same assessment rolls for the same year, so that equality of assessments will result, and for such other and further relief as the Court may deem proper, together with the statutory interest, costs and disbursements of this proceeding. DAVID G. KOCH, ESQ. 170 OLD COUNTRY ROAD MINEOLA, NEW YORK 11501 (516) 294-9710 -5- p:\docs\suf,ups\page4,5 AUTHORIZATION The undersigned, being an aggrieved person within the meaning of the REAL PROPERTY TAX LAW, or an officer, member, or partner of such aggrieved person, hereby authorizes DAVID G. KOCH, ESQ., or any attorney employed by such firm, to act as our agent to: (1) Make and serve a statement (also known as a complaint or protest) pursuant to Sections 512 and 524 of the RPTL, specifying the respect in which the assessment of the property listed below is excessive, unequal, unlawful or misclassified. (2) Verify, serve and file a petition for review of real property asseSSlftei"ll: fii..i:cs-LL&.rlL to i=-.l.:ct.iclE: 7 of tIle Rea.l prc'f.h::::l-ty. Ta:~ La-v';. (3) Such firm is authorized ~o represent the undersigned in all proceedings before the Board of Assessment Review and the Supreme Court of the State of New York, and all appeals therefrom. This authorization applies to the following property: COUNTY: DUTCHESS ADDRESS: 1548 Route 9, Wappingers Falls, NY TOWN: WAPPINGER VILLAGE: WAPPINGERS FALLS Map 6158, Page 19, Parcel 619142-0000 TOWN DESCRIPTION: Map 6158, Page 19, Parcel 619142-0000 S.D.: WAPPINGERS CENTRAL SCHOOL DISTRICT DATED: January 2, 2008 FILE NO: D-W-I-1 WAPPINGERS FALLS OWNERS CORP. PETITIONER . BY: 'i\ r!-Y---m. 4 k ~I,",\.~~~, "PRESIDE&? OF THE BOARD OF W6J:l, vlX1ftl ~rJ oy /1 01 R-E.C-.-yn e:) DlC ~ P Index No. rf(~~8.S~a1 Year- 2008/09 D-W-I-l NEW YORK STATE SUPREME COGRT: COUNTY OF DUTCaess WAPPINGERS FALLS OWNERs CORP. Petitioner-, - against - THE ASSESSOR OF THE TOWN OF WAPPINGER, AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF WAPPINGER, Re,sponden ts . NOTICE AND PETITION DAVID G. KOCH, ESQ. Attorney for- Petitioner 170 Old Country Road Mineola, New York 11501 (516) 294-9710 VERIFICATION STATE OF NEW YORK, COUNTY OF NASSAU ss. : The under-signed, being duly sworn, deposes and says: that de.ponent is the agent for the petitioner herein, that deponent has read the foregoing petition and knows the contents thereof; that the same is tr ue to deponent I sown. knOWledge, except as to matter-s therein stated to be alleged upon information and belief, and that as to those matters, deponent believes it to be true; and that the r-eason this verification is made. by deponent and not by petitioner- is that all the material allegations (except those as to matteC"s of public reeoed) of said petition aLe within the peesonal knowledge of deponent. Sworn to befoC'e me this day of July, 2008 &J;:'/;Af1~Crl ~~~~~ NOTARY PUBLIC CHRISTINE D. BENEDETTO NOTARY PUBLIC, State of New York No. 4866436 Qualified In Nassau County . Commission Expires Aug. 4, sf/.tU..()... 7th S ~ :O\\1~ " \ '~:)1.;}'::,',;' ,. <..L'7-- ; i DAVID G. KOCH, ESQ.