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Wappinger Shopping Centers, LLC ;;" SUPREME COORT OF TaE STATE OF NEW YORK COUNTY OF DOTCHESS \i~I:;~\:i,::'\';_~t~k '( . '= ~ -,; ~_J D-W-U-l '1 ra JUL - 9 Mi \\: \ 4 In the Hatter of WAPPINGER SHOPPING CENTERS, LLC Petitioner, PETITION ~I? Index No. A' tJ08 - Tr't-3 -against- THE ASSESSOR OF THE TOWN OF WAPPINGER', AND THE'BOARD OF ASSESSMENT REVIEW OF THE TOWN OF ,vJAPPINGER, Tax Map Description Grid:. 19-6157-02-653974-0000 Respondent!'3. Tax Year 2008/09 RECEIVED JUL 0 9 2008 TOWN CLERK NOTICE OF PETITION TO THE RESPONDENTS WITHIN NAMED: PLEAS E TAKE NOTE THAT, upon the annexed ver if ied peti tion, an application will be made, pursuant to the provisions of the Real Property Tax Law at lAS 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 ~s ~ounsel can be heard, for thereli~f prayed ~or in said petition, upon grounds set forth therein, and for such other and further relief 'as may be just and proper under the circumstances. Da ted: July 7, 2008 RECEIVED ASSESSOR'S OFFICE JUL 09 2008 TOWN OP, WAPPINGER ASSESSOR'S OFFICE 20 Middlebush Road Wappingers Falls, N.Y. 12590 I DA 0 G. KOCH, ESQ. Attorney for Petitioner 170 Old Country Road Suite 315 Mineo1a, New York 11501 ( 51 6) 2 9 4 -9 71 0 SUPREME COURT OF TgE STATE OF NEW YORK COUNTY OF DUTCBESS In the MatteC' of WAPPINGER SHOPPING CENTERS, L L C PETITION Ind~x No. cf26/J &' --</9/,3 Petitioner, -ag ainst- THE ASSESSOR OF THE TOWN OF WAPPINGER, AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF V'~APPINGER, rc; ~ ~ r \ \.0 Respondents. . .c;} po 'c,,-n c:, -:$ -~. '(-;:t: - ~1--I -~ .'\ ~<, .' - ,&," TO THE SPPREME COURT OF THE STATE OF ~EW YORK: The above-named petitioner, by his attorney, DAVID G. KOCH, ESQ., respectfully alleges as follows: 1. At all times herein mentioned, petitioner was and still is a taxpayer of the municipality whose Assessor 1S the respondent herein (hereinafter referred to as lithe assessing jurisdiction") and is an aggrieved party with respect to the assessment with-in the meaning of S706, 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 croll incl udedc an assessment for your petitioner's real property, descr ibed in column I and assessed as set forth on page 3 in column II of the following schedule: -2- Col Ufon I Column II Petitioner: WAPPINGER SHOPPING CENTERS, LLC File No: D-W-U-l Co lUl11n I IT Co 1 umn I V Co 1 umn V Extent Town WAPPINGER Orig inal ClailTBJ Confi rmed Unequal Village Valuation Valuat:ion Valuation and/or S.D. Wappinger5 CSD Excessive Sec. I Olock Lot - I Land $ 600,000 $ * $ Grid: 19-6157-02-653974-0000 'l'otal $ 17,150,000 $ 980,000 * $ 16,170,000 Land $ $ * $ Total $ $ * $ Land $' $ * $ Total $ $ * $ Land $ $ * $ Total $ $ * $ Land $ $" * $ Total $ ,$ * $ Land $ $ * $ Total $ $ * $ Land $ $ * $ . . Total $ $ * $ *Same as Cohron II except as otherwise in:Hcated. -3- 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. s485-b Business Exemption and petitioner's property has failed to receive all or a portion of the R.P.T.L. s485-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. s522), 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'l 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 assessment pursuant to Article 7 of the Real Property Tax Law. (3) Such firm is authorized to 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: U.S.9 & Myers Corner Road, Wappingers Falls, NY TOWN: WAPPINGER VILLAGE: UNINCORPORATED TOWN DESCRIPTION: Grid: 19-6157-02-653974-0000 S.D.: Wappingers Central School District DATED: January 2, 2008 FILE NO: D-W-U-1 WAPPINGER SHOPPING CENTERS LLC PETITIONER /"" , r<<;,~,~""- BY:. ':2?/~""'----~ RALPH TAWIL, MEMBER Index No. 621J~~- ~9t,3 Yeat"' 2008/09 D-W-U-l NEW YORK STATE SUPREME COORT: COUNTY OF DOTCEiESS WAPPINGER SHOPPING CENTERS, LLC Petitionet"'~ - against - THE ASSESSOR OF THE TOWN OF WAPPINGER, AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF WAPPINGER, Respondents. NOTICE AND PETITION DAVID G. KOCH, ESQ. Attorney fot"' Petitioner 170 Old Countt"'y Road Mineola, New York 11501 (516) 294-9710 VERIFICATION STATE OF NEW YORK, COUNTY OF NASSAU ss. : The undersigned, being duly sWot"'n ~ deposes and says: that deponent is the agent for the petitioner het"'ein~ that deponent has read the foregoing petition and knows the contents thet"'eof; that the same is tr ue to deponent I s own knowledge ~ except as to matters therein stated to be alleged upon information and belief, and that as to those matters, deponent believes it to be true; and that the reason this verification is made by deponent and not by petitioner is that all the matet"' ial allegations (except those as to matters of public record) of said petition are within the per-sonal knowledge of deponent. Sworn to before me this 7th day of July / 2008 r1A~ll t::. ..' Y MId '~I/I;? NOTA..qy PUBLIC CHRISTINE D. BENEDETTO NOTARY PUBLIC, State of New York No. 4866436 Qualified in Nassau County _ . . Commission Expires Aug. 4, ~ -7- :v~ KOCH, ESQ.