Bank of America
STATE COURT OF NEW YORK
SUPREME COURT: COUNTY OF DUTCHESS
In the Matter of the Application of BANK OF
AMERICA,
Petitioner,
NOTICE OF PETITION
Index N~ f!f'0 ~
RJI No. ';.t;;,;,. ',: ."j (~;J
S~7
v.
BOARD OF ASSESSMENT REVIEW and/or
ASSESSOR OF THE TOWN OF WAPPINGER
AND THE TOWN OF WAPPINGER, COUNTY
OF DUTCHESS, NEW YORK,
Respondents.
SIRS:
PLEASE TAKE NOTICE, that on the annexed verified Petition, an application will be
made at Special Term, Supreme Court, at the County Courthouse, Poughkeepsie, New York on
the 1 ih day of October, 2008 at 9:30 a.m., for an order pursuant to Article 7 of the Real Property
Tax Law correcting and reducing the assessed valuation of real property of the Petitioner based
upon the grounds set forth in said Petition, and for such other and further relief as the Court may
deem just and proper.
Dated: 7 ( JL{ I i&
ST A VITSKY & ASSOCIATES LLC
Attorn s for Petitioner
RECE\VED
JUL 2 2 2008
TOWN CLERK
BY:
Bruce 1. Stavlts , Esq.
Stavitsky & Associates LLC
1373 Broad Street, Suite 204
Clifton, New Jersey 07013
(973) 594-9292
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1042654
STATE COURT OF NEW YORK
SUPREME COURT: COUNTY OF DUTCHESS
In the Matter of the Application of BANK OF
AMERI CA,
Petitioner,
PETITION
v.
Index No.
BOARD OF ASSESSMENT REVIEW and/or
ASSESSOR OF THE TOWN OF WAPPINGER,
AND THE TOWN OF WAPPINGER,
DUTCHESS, COUNTY, NEW YORK,
Respondents.
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The Petitioner above named, by its attorneys, respectfully shows and alleges as follows:
1. At all times hereinafter mentioned, Petitioner was and still is an aggrieved party
and a taxpayer owner/lessee of real property in the Town Wappinger, County of Dutchess, New
York and known and designated on the Tax Map of the Town of Wappinger, as
Section/Block/Lot No.:6157-02-609919 and located at 1469 Route 9, Wappinger, New York.
2. The property has been assessed by the Respondent for the tax year 2008/09 as
follows:
Land: $160,000
Total: $800,000
3. The assessment is erroneous as exceSSIve, overvalued, unlawful (illegal) and
unequal on the following grounds, among others:
The assessment is unequal in that it has been made at a higher proportionate
valuation than the assessments of other real property on the said assessment rolls of the Town of
Wappinger made by the same officers for the tax year 2008/09. Petitioner specifies as the
instances in which inequality exists, the assessments of all real property made by the same
officers in the Town of Wappinger for the aforesaid tax year. The assessment is excessive
1042656
because it is greater than the fair market value of the subject property. The assessment is
unlawful and/or illegal as the Assessor and/or Board of Assessors has included within the
assessment non-assessable and/or non real property items, thereby violating Real Property Tax
Law Section 300, and the New York State Constitution.
4. Your Petitioner is aggrieved and has been or will be injured by said unequal,
unlawful and excessive assessment and will be required to pay a greater amount and proportion
of taxes than would be required if the said assessment has been just and equal.
5. Heretofore your Petitioner caused to be filed with the Board of Assessment
Review for the Town of a due and timely complaint, notice of protest or grievance requesting
that said assessment be corrected and reduced and the Board of Assessment Review did not
reduce the assessment; therefore, the Respondent 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 an assessed value thereof in the amount of $400,000 and to a valuation
proportionate to the assessments of other real property assessed on the same rolls for the same
tax year made by the same officers, so that equality of assessment will result, together with
appropriate refunds and interest, and for such other and further relief as to the Court may seem
just and proper, together with costs.
Dated: '1}IY lug
ST A VITSKY & ASSOCIATES LLC
Attorneys for Petitioner
1042656
VERIFICA TION
STATE OF NEW JERSEY )
COUNTY OF PASSAIC )
CITY OF CLIFTON )
Bruce J. Stavitsky, being duly sworn, deposes and says: I reside in the County of Essex
and State of New Jersey and am an attorney at law and the duly authorized attorney and agent
appointed by the Petitioner for the institution of this proceeding. I have read the foregoing
Petition and know the contents thereof, that the same is true to my knowledge, except as to those
matters therein stated to be alleged upon information and belief, and as to those matters, I believe
them to be true.
The source of my information and knowledge, and the grounds of my belief as to all
matters therein stated to be alleged upon information and belief, are various reports received by
me from representatives and agents of the Petitioner in reference to the matters at issue, said
representatives and agents having knowledge of the said matter at issue.
IJAL)~
Sworn to Before Me, this
11- day of JJk;-, 2008.
CJ.fRfSTrNA A.
A N~tary Public of New Jersey
My ~rom(~$ion Expires Mare;h 24, 20JJ
1042656
2/12
Authori%stlon
Aggrieved Party: Bank of America
NCI-001-03-81, Corp Real Estate Assessments
101 N. Tryon Street
Charlotte, NC 28255
The undersigned, being an aggrieved person within the meaning of the Real
Property Tax Law, or an officer or partner of such aggrieved person, hereby
authorizes:
Bruce J. Stavitsky, Esq.
Stavitsky & AssocIates, LLC
1373 Broad Street, Suite 204
Clifton, New Jersey 07013
or any attorney employed by this firm, until all proceedings are finally
resolved, to act as our agent, representative, and attorney to:
Make and serve a statement {also known as a complaint or protest) pursuant to
Section 512 (1) of the RPTL, specifying the respect in whIch the assessment of
the property listed below Is Illegal, erroneous, or unequal; and
Respond and appear In any proceedings before the Board of Assessment
Review on behalf of the undersigned wIth respect to any matters relating to the
foregoing.
Respond and appear in any judicIal proceedings on behalf of the undersigned,
with respect to any matters relating to the foregoing.
Claim. receive. and process any and all property tax refunds resulting from said
firm's representation in any assessment reduction proceedings.
This Authorization apE lies to the following propertie5 located in
MunicIpality of: . '~f?~er
County of: 1 \::A..,~~S
Address:'~)lJtoq eculi g
SIBIL: <.oIS-:J- -Og - GOq:j\y
Dated:"f\ ,-( <f>
Signed:
Title:
Index Number
DliTCHESS
COUNTY CLERK'S OFFICE
Application for Index Number Pursuant to
Section 8018 (a) Civil Practice Law and Rules
Fee $305.00
Title Action or Procecding
In the Matter of the Application of BANK OF AMERICA,
Nature and Object of Action
Civil
x
Petitioncr,
Infancy
v.
Matrimonial
BOARD OF ASSESSMENT REVIEW and/or ASSESSOR OF THE
TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER,
COUNTY OF DUTCHESS, NEW YORK,
Rcspondents.
Attorncys for Petitioner(s):
Bruce 1. Stavitsky, Esq.
Stavitsky & Associates LLC
Officc & P.O. Address:
1373 Broad Street, Suite 204
Clifton, New Jersey 07013
Phonc:
(973) 594-9292
Attorneys for Respondcl1t(s):
Office & P.O. Address:
Phone:
Name of Payor:
Indexed by:
Entered by:
Endorse this INDEX NUMBER
Assigncd on the Top Right Corner
on all Papers and advise your
Adversary of the number and assigned.
PAYOR' RECEIPT
Index Number
SUPREME COURT: COUNTY OF DUTCHESS
In the Matter of the Application of BANK OF AMER.ICA,
Petitioner,
v.
BOARD OF ASSESSMENT REVIEW and/or ASSESSOR
OF THE TOWN OF WAPPINGER AND THE TOWN OF
WAPPINGER, COUNTY OF DUTCHESS, NEW YORK,
Respondcnts.
DUTCHESS
County Clerk's Office
By:
1043596
UCS-840 (REV 1/2000)
For Clerk Only
SUPREME COURT, DUTCHESS
COUNTY
REQUEST FOR JUDICIAL INTERVENTION
INDEX NO.
DA TE PURCHASED:
IAS entry date
PETITIONER(S)
In the Matter of the Application of BANK OF AMERICA,
Judge Assigned
DEFENDANT( S):
BOARD OF ASSESSMENT REVIEW and/or ASSESSOR of THE TOWN OF
WAPPINGER AND AND THE TOWN OF WAPPINGER, COUNTY OF
DUTCHESS, NEW YORK.
RJI Date
D
I2SJ No
Bill of particulars served (YIN):
Yes
Date issue joined:
NA TURE OF JIJDICIAL INTERVENTION (check ONE box only AND enter information)
D
D
Request for preliminary conference
Note of issue and/or certificate of readiness
D Notice of motion (return date):
Relief Sought:
D
Order to show cause
(clerk enter return date):
Relief Sought:
D
Other ex-parte application (specifY):
NA TITRE OF ACTION OR PROCEEDING (Check ONE box only)
MA TRIMONIAL
D Contested -CM
D Uncontested -UM
COMMERCIAL
o Contract
D
o
D
D
-CONT
-CORP
-INS
-UCC
-OC
Corporate
Insurance (where insurer is a party, except arbitration)
UCC (including sales, negotiable instruments)
.Other Commercial
REAL PROPERTY
I2SJ Tax Certiorari -TAX
D Foreclosure -FOR
D Condemnation -COND
D Landlordffenant -LT
D .Other Real Property -ORP
I2SJ
Notice of petition (return date):
Relief sought:
10/17/08
Order Reducing Assessment
D
Notice of medical or dental malpractice action (specify):
D
D
Statement of net worth
Writ of habeas corpus
D
Other (specify):
TORTS
Malpractice
D MedicallPodiatric
D Dental
D .Other Professional
D Motor Vehicle
D .Products Liability
D Environmental
D Asbestos
D Breast Implant
D .Other Negligence
D .Other Tort (including intentional)
SPECIAL PROCEEDNGS
D Art. 75 (Arbitration)
D Art. 77 (Trusts)
-MM
-DM
-OPM
-MV
-PL
-EN
-ASB
-BI
-OIN
-OT
-ART75
-ART77
0 Art. 78 - ART78
OTIIER MA TTERS 0 Election Law -ELEe
0 -OTH 0 Guardianship (MHL Art. 81) - GUARD8l
0 'Other Mental Hygiene -MI1YG
0 · Other Special Proceeding - OSP
Cheek "YES" or "NO" for eaeh of the followin2 Questions:
Is this Action/Proceeding against a:
YES
NO
YES
~
o Municipality:
(SpecifY Town of) (Town of Wappinger)
o
NO
~ Public Authority:
(SpecifY)
YES NO
o ~ Does this action/proceeding seek equitable relief?
o ~ Does this action/proceeding seek recovery for personal injury?
o ~ Does this action/proceeding seek recovery for property damage1
Pre-Note Time Frames:
(This applies to all cases except contested matrimonials and tax certiorari cases)
Estimated time period for case to be ready for trial (from filing ofRJI to filing of Note of Issue):
o Expedited: 0-8 months
o Standard: 9-12 months
o
Complex: 13-15 months
Contested Matrimonial Cases On Iv: (Check and give date)
Was a Notice of No Necessity filed1
o
o
No
o Yes, Date
DYes, Date
Has summons been served?
No
A TTORNEY(S) FOR PETITlONER(S):
Self Name Address Phone #
Rep.*
D Bruce J. Stavitsky, Esq. 1373 Broad Street, Suite 204 973-594-9292
Stavitsky & Associates LLC Clifton, New Jersey 07013
U
A TTORNEY(S) FOR DEFENDANT(S):
Self Name Address Phone #
Rep.*
D Scott L. Volkman, Esq. 75 Washington Street 845-454-3250
.
Gellert & Klein, P.c. Poughkeepsie, New York 12601
U
*Self Represented: parties representing themselves, without an attorney, should check the "Self Rep." box and enter their name, address,
and phone # in the space provided above for attorneys.
INSURANCE CARRIERS:
RELA TED CASE(S): (IF NONE write "NONE" below)
Title
Bank of America v. Town
of Wappinger, et al.
Index #
2944-1998;
3098-1999;
3170-2000;
3312-2001;
3256-2002;
3288-2003;
2931-2004;
3207-2005
Court
Supreme
Nature of Relationship
Prior years
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HA VE
BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUES R JUDICIAL INTER VENTI N PREVIOUSL Y BEEN FILED IN
:~::d~CTION OR;) tLIifi
Bruce J. Stavitsky, Esq.
(PRINT OR TYPE NAME)
Petitioner
ATTORNEY FOR
ATTACH RIDER SHEETS IF NECESSARY TO PROVIDE Rt:QUIRED INFORMATION.