Herber Redl and Sue Ann Redl
STATE OF NEW YORK
SUPREME COURT: DUTCHESS COUNTY
In the Matter
of
the Application of HERBERT REDL
and SUE ANN REDL,
NOTICE OF APPLICATION
FQR
REVIEW OF ASSESSMENT
Peti ti oners,
I ndex No. 2007/'-1 s-') ,
- against -
THE ASSESSOR AND BOARD OF ASSESSMENT REVIEW
OF THE TOWN OF WAPPINGER, NEW YORK
JUS~lCE ASSIGNED:
HON. JOHN R. LACAVA
Respondents,
For Review of the Assessment of Certain
Real Property in the town of
Wappinger
RECEIVrl J
JUl 2 6 2007
TOWN CLERK
SIRS:
PLEASE TAKE NOTICE that the undersigned will make application on
the 20th day of October, 2007, at 9:30 in the forenoon of that day, or
as soon thereafter as counsel can be heard at a Term of the Supreme
Court to be held in and for the County of Dutchess, at the County
Courthouse in the City of Poughkeepsie, New York for a review pursuant
to Article 7 of the Real Property Tax Law and Article 78 of the Civil
Practice Law and Rules of the assessment upon their real prperty
described in the petition, a true copy of which is annexed hereto, and
for an Order granting the relief prayed for in said petition and for such
other further and different rel i ef as may be just and proper in the
premises, with costs of this application.
Dated: Poughkeepsie, New York
July 23, 2007
Yours, etc.
John M. Reed
Attorney for Petitioner
17 Collegeview Avenue
Poughkeepsie, NY 12603
(845) 454-4340
TO: Assessor, Town of Wappinger
Board of Assessment Review, Town of Wappinger
Wappinger Central School District
Commissioner of Finance, County of Dutchess
STATE OF NEW YORK
SUPREME COURT DUTCHESS COUNTY
-----------------------------------------------
In the matter
of
the Application of HERBERT REDL
and SUE ANN REDL,
PETITION FOR REVIEW
OF ASSESSMENT
Petitioners,
Index No. 2007/
JUSTICE ASSIGNED:
HON JOHN R. LACAVA
- against -
THE ASSESSOR AND BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF WAPPINGER, NEW YORK
Respondents,
For Review of the Assessment of Certain
Real Property in the Town of
Wappinger
-------------------------------------------------
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The Petition of Herbert Redl and Sue Ann Redl, respectfully shows
and alleges:
1. Petitioners reside at Stream Lane, Pleasant Valley, New York
and are and at all times hereinafter mentioned have been, the owners of
certain real property in the Town of Wappinger, Dutchess County, New
York, which is described on the assessment rolls of said Town of
Wappinger, as follows:
Redl, Herbert
Sue Ann
Suite 310
80 Washington Street
Poughkeepsie, New York 12601
6156-02-753949-0000
1084 Rou te 9
Wappinger
Wappingers Central School
NYS Tax & Finance School
District Code: 449
Roll Sect 1
Parcel 168.70 x 186.00
Account No. 19753949
2. Upon information and belief, the respondents are, at all
times herein mentioned, respectively the Assessor and duly constituted
the Board of Assessment Review of the Town of Wappinger. Said Assessor,
during the year 2006, proceeded to take up and consider the taxable
property located within the Town of Wappinger and to assess the said
property for purposes of taxation. In so doing, the respondent Assessor
made, prepared and completed the assessment rolls of the said Town of
Wappinger for the year 2007, and deposited them in its office and
thereupon caused notice to be published in the official newspaper of the
Town of Wappinger, stating that said rolls might be seen and examined
by any person as provided for therein.
3. The said assessment made of the petitioner's property, as
described above, as the same appeared on said assessment rolls is as
follows: value of land exclusive of building: $70,000.00: full value of
real property: $595,000.00.
4. At the time and place specified in said notice for a hearing
on said assessment, the petitioner appeared before the respondent Board
of Assessment Review and protested the said assessment as hereinbefore
described, and made application to have the same corrected and reduced
upon the grounds that (a) the property was overvalued and unequally
assessed; and, further (b) the assessment was excessive. At the same
time petitioners filed with respondent Board of Assessment Review, on
a form provided by sa:i\d respondent, a statement, certified as tmJl'e,
specifying the respects in which the assessment complained of was
unequal, excessive and incorrect and asking for a reduction of said
assessment. The said statement was received by and filed with the said
respondent Board. The stat~ments contained in said applications as
protest thus submitted to said respondent Board were then and are now
correct, but the respondents refused and still refuse to correct the said
assessment.
5. Upon information and belief, on or about the 1st day of July,
2007, the respondent Assessor finally completed the assessment rolls and,
on said day, duly made and subscribed the oath thereto and filed the same
in the office of the Clerk of the County of Dutchess and caused a notice
thereof to be published in the official newspaper of the Town of
Wappinger that said assessment rolls had been finally completed and filed
and were open to inspection.
6. The said valuation and assessment of said real property as
hereinbefore described is unequal and excessive, in that it exceeds the
full value of said real property by the amount of $165,000.00.
Therefore, the total extent of such overvaluation is $165,000.00
7. The said valuation and assessment of said real property is
unequal, excessive and because of the foregoing.
8. Your petitioners are aggrieved and injured by the said
overvaluation and inequality of said assessment and will be injured
thereby and will be required to pay taxes. which they would not be
required by law to pay if said assessment had been correctly and properly
made.
9. No application has been made to this or any other Court for
the relief sought herein, or for any similar relief.
WHEREFORE, petitioners pray that this Court review all the
proceedings, decisions and actions had and made in the premises by the
respondents to the end that the decisions and actions of the respondents
may be corrected on the merits by the Court and that the assessment
hereinbefore set forth may be reduced and corrected upon said assessment
roll and that the Court take evidence to enable your petitioners to show
that such assessment is erroneous, illegal, unlawful and excessive and
that petitioner have such other and further relief as to the Court may
seem just and proper.
Dated: Poughkeepsie, New York
July 23, 2007
~0s
Herbert Redl
~
a~ )f~f'''
Sue Ann Redl
+ss. :
)
STATE OF NEW YORK
COUNTY OF DUTCHESS
HERBERT REDL AND SUE ANN REDL, each being duly sworn, deposes and says:
We are the petitioners in the action herein; we have read the above
Petiti on and know the contents thereof and the same are true to our
knowledge, except those matters therein which are stated to be alleged
upon information and belief, and as to those matters we believe them to
be true.
~
Herbert Redl
~~U~
Sue Ann Redl
Sworn to before me this
'JOHN . REED
Notary Public, State of New York
Qualified in Dutchess County
Commission Expires January 31,2011
".<
oJ
pC.->-af::L
STATE OF NEW YORK
SUPREME COURT DUTCHESS COUNTY
---------------------------------------------
In the Matter
of
the application of Herbert Redl and
Sue Ann Redl
ATTORNEY CERTIFICATION
Petiti oners
Index No. 2007/
- against -
THE ASSESSOR AND BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF WAPPINGER, NY
JUSTICE ASSIGNED:
HON. JOHN R. LACAVA
Respondents,
For Review of the Assessment of Certain
Rea 1 Property in the Town of Wappi nger
---------------------------------------------
I, JOHN M. REED, ESQ., HEREBY CERTIFY, under penalty of perjury
and as an officer of the Court, that I have no actual knowledge that the
substance of the factual submissions contained in the annexed documents
are false. This Certification is based solely and exclusively upon
informativn provided by the client, and upon the client1s certification
to the undersigned attorney that such i nformati on is not false, and it
is not based upon any review, audit examination, inquiry or investigation
made by the undersigned attorney or by anyone acting on behalf of said
attorney.
PLEASE TAKE NOTICE that this certification is made by the attorney
as an Officer of the Court and is directed solely and exclusively to the
Court in accordance with 22 NYCRR Section 202.16 (e) and it is expressly
not directed or extended to the opposing party herein.
PLEASE TAKE FURTHER NOTICE that the oppos i ng pa rty may not and
should not rely upon the Attorney Certification in assessing the truth
or validity of the information contained in the annexed document. The
credibility of this submission is no greater than the credibility of the
cl i ent represented by theundersi gned attorney and the opposing party
should give this document no greater credence merely because it bears
this Attorney Certification.
DATED:
Poughkeepsie, New York
July 12, 2007
Index No. Year 2007
STATE OF NEW YORK
SUPREME COURT DUTCHESS COUNTY
In the Matter
of
The Application of HERBERT REDL and
SUE ANN REDL
Petitioners
- against -
THE ASSESSOR AND BOARD OF ASSESSMENT REVIEW
OF THE TOWN OF WAPPINGER, NEW YORK R d t
espon en s,
For Review of the Assessment of Certain Real
Property in the Town of Wappinger
NOTICE OF APPLICATION AND PETITION FOR REVIEW OF ASSESSMENT
Attorney for Peti ti oner
JOHN M. REED
17 Collegeview Avenue
Poughkeepsie, NY 12603
(914) 454-4340
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attor:
State, certifies that, upon information and belief an easo
annexed document are not frivolous.
Dated: .J.uly....23."....20.01...... Signature............. .
is hereby admitted.
Service of a copy of the within
Dated:
.....................................................................................................................................................................
Attorney(s) for.
~
'"
~
~ NOTICE OF
~ ENTRY
,
PLEASE TAKE NOTICE
that the within is a (certified) true copy of a
entered in the office of the clerk of the within named Court on
o
20
o
NOTICE OF
SETTLEMENT
that an Order of which the within is a true copy will be presented for settlement to the
Hon. one of the judges of the within named Court,
at
on
20
, at
M.
Dated:
Attorney for
JOHN M. REED
To:
17 CoIlegeview Avenue
Poughkeepsie, NY 12603