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Imperial Gardens, LLC See Attached Schedule ClientID: COHENEDWA SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS IN THE MATTER OF - - - - - - - - - -X NOTICE OF PETITION Index No. Imperial Gardens, LLC Petitioner(s), 2008"- 50l teli2 -against- Name of Assigned Judge Assessor and Board of Review of the Town of Wappingers, and the Board of Education for Wappingers Central-WAPPINGERS FALLS School District Oral Argument is not Requested Respondents. f._-", - - - - - - - - - - - - - - - - - - -X Upon the annexed Petition of Imperial Gardens, LLC _J sworn to on July 08, 2008, the Petitioner will move this court at the ,'1 .. County Courthouse, 22 Market Street, Poughkeepsie, New York 12601 on the (;"\ r'0 19th day of August, 2008 at 9:30 A.M. for an order reducing the assessed valuation of real property of the Petitioner as set forth in said Petition, and for such other and further relief as to the Court may seem just and proper. The above-entitled proceeding is brought under Article 7 of the Real Property Tax Law for review of real property assessed valuation. Dated July 08, 2008 Brandt, Steinberg & Lewis LLP Attorneys for Petitioner 386 Park Avenue South, Suite 600 New York, NY 10016 212-563-2200 To: Respondents above named Town of Wappingers Attorney for Respondents 20 Middlebush Road, Wappinger Falls, N.Y. 12590 RECEIVED ~ 'j 2008 ", !! .Iv" rOW~\l CLERK SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS IN THE MATTER OF _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - -X INDEX NO. Imperial Gardens, LLC PETITION FOR REVIEW OF REAL PROPERTY ASSESSMENT See Attached Schedule Petitioner(s), -against- Assessor and Board of Review of the Town of Wappingers, and the Board of Education for Wappingers Central-WAPPINGERS FALLS School District Respondents. - - - - - - - - - - - - - - - - - - - -X TO THE SUPREME COURT OF THE STATE OF NEW YORK: The Petitioner above named, respectfully shows and alleges as follows: 1. At all times hereinafter mentioned, the petitioner was and still is a Partnership and the owner of certain real property in the Town of Wappingers, County of Dutchess, and State of New York, known and designated on the Assessment Roll of the said municipality as: See Attached Schedule 2. Said property has been assessed by the Respondents for the tax year 2008/09 as follows: See Attached Schedule 3. Said assessments are erroneous as excessive in that the subject real property has been assessed at a greater value than the full value thereof. The full value of the subject property is See Attached Schedule and the extent to which the subject assessment is excessive is See Attached Schedule. 4. Your Petitioner is aggrieved and has been or will be injured by said excessive assessment and will be required to pay a greater amount and proportion of taxes than would be required if the said assessment had been just and equal. 5. Heretofore your Petitioner caused to be filed with the Respondents a due and timely notice of protest requesting that said assessment be corrected and reduced to See Attached Schedule, and Respondents 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 the true value thereof, and for such x x x x x other and further relief as to the Court may seem just and proper, together with costs. Imperial Gardens, LLC PETITIONER ~ / . by: / . Hubert J. Brandt - Authorized Agent V E R I F I CAT ION State of New York ss: County of New York Hubert J. Brandt, being duly sworn, deposes and says: that he is the authorized agent of Imperial Gardens, LLC the Petitioner herein, that deponent has read the foregoing Petition and know the contents thereof, that the same is true of his own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters, he believes it to be true. ~ Hubert J. Brandt - Authorized Agent Sworn to me this -g day of July, 2008 L111/ 'c tW?~7CR, Cf.JLeVV1 NOTARY I' tA\C\\,ek ~& Mo. O~f\\~~ s count1UJ l 2..- Quali\ied In ~\sI}January 20. commiSsion ExpIre L~ AUTHORIZATION The undersigned, being an aggrieved person with the meaning of the Real Property Tax Law, or an officer or partner of such aggrieve person, hereby authorizes HUBERT J. BRANDT, RICHARD A. STEINBERG & WILLA 1. LEWIS to act as our agent for the assessment year 2008/2009 to: (1) Make and serve a statement (also known as a complaint or protest), specifying the respect in which the assessment of the property listed below is illegal, erroneous, or unequal; and (2) Verify, serve and file a petition for judicial review of real property assessment, Pursuant to Article 7 of the Real Property Tax Law. ( 3) BRANDT, STEINBERG & LEWIS, LLP are authorized to represent the undersigned in all proceedings before the Board of Assessment Review and the Supreme Court, State of New York, and all appeals there from: This authorization applies to the following petitioner: Petitioner: Imperial Gardens, LLC Property located at: Imperial Boulevard Section: Block: Lot: Identification No: 19-6158-19-722118-00 City/fown Town of Wappingers Dated: i /'2 q /0 'I By: Title: A~~ .//' COHENEDWA AUTHORIZATION The undersigned, being an aggrieved person with the meaning of the Real Property Tax Law, or an officer or partner of such aggrieve person, hereby authorizes HUBERT J. BRANDT, RICHARD A. STEINBERG & WILLA 1. LEWIS to act as our agent for the assessment year 2008/2009 to: (1) Make and serve a statement (also known as a complaint or protest), specifying the respect in which the assessment of the property listed below is illegal, erroneous, or unequal; and ( 2) Verify, serve and file a petition for judicial review of real property assessment, Pursuant to Article 7 of the Real Property Tax Law. ( 3) BRANDT, STEINBERG & LEWIS, LLP are authorized to represent the undersigned in all proceedings before the Board of Assessment Review and the Supreme Court, State of New York, and all appeals there from: This authorization applies to the following petitioner: Petitioner: Imperial Gardens, LLC Property located at: Imperial Boulevard Section: Block: Lot: Identification No: 19-6158-19-689109-00 City/fown Town of Wappingers Dated: l-/ / Z 1/0 'r By: A~~~ /' Title: COHENEDWA AUTHORIZATION The undersigned, being an aggrieved person with the meaning of the Real Property Tax Law, or an officer or partner of such aggrieve person, hereby authorizes HUBERT J. BRANDT, RICHARD A. STEINBERG & WILLA 1. LEWIS to act as our agent for the assessment year 2008/2009 to: (1) Make and serve a statement (also known as a complaint or protest), specifying the respect in which the assessment of the property listed below is illegal, erroneous, or unequal; and (2) Verify, serve and file a petition for judicial review of real property assessment, Pursuant to Article 7 of the Real Property Tax Law. ( 3) BRANDT, STEINBERG & LEWIS, LLP are authorized to represent the undersigned in all proceedings before the Board of Assessment Review and the Supreme Court, State of New York, and all appeals there from: This authorization applies to the following petitioner: Petitioner: Imperial Gardens, LLC Property located at: Imperial Boulevard Section: Block: Lot: Identification No: 19-6158-20-751120-00 City{fown Town of Wappingers Dated: ~(IZ q I 0 Y' By: -~~~ Title: COHENEDWA (}31Uf:NCD7', S'FEI:N(}3CE1?(; et DEWIS LLP 386 Park Jlvenue South - Suite 600 :New 1'ork, :New 1'ork 10016 7' (212) 563-2200 P (212) 629-4272 Petition Schedules for 2008/2009 Citv/7'own or Vi[fage 7'own ofWappingers Petitioner Imperia [ qardens, LLC Section (}3[ock Lot Land Va[ue 7'ota[ Va[ue purr Va[ue 1?educed ~ssessment to zb;;c /9- 6/S';r~u2tJ - 751/.::u;-oo $200,000 $200,000 $100,000 $100,000 -+'bP /9'-h/~-/9- 609/t);!-t/o $425,000 $8,200,000 $4,100,000 $4,100,000 -;:D 'IF /9 -~/~-19 -7zZl/?-e>'o $425,000 $8,200,000 $4,100,000 $4,100,000 COHENEDWA INDEX NO. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X IN THE MATTER OF Imperial Gardens, LLC Petitioner(s), -against- Assessor and Board of Review of the Town of Wappingers, and the Board of Education for Wappingers Central-WAPPINGERS FALLS School District Respondents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X PETITION AND NOTICE OF MOTION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X Brandt, Steinberg & Lewis LLP Attorneys for Petitioner Office & P.O. Address 386 Park Avenue South, Suite 600 New York, NY 10016 212-563-2200