Ormater Development Corp
1\ .
9 I
SUPREME COURT: STATE OF NEW YORK
COUNTY OF DUTCHESS
RECF:!VI-II
AUG 1 0 2007
TOWN CLERK
______________________________________________________-----x
In the Matter of the Application of
Ormater Development Corp.,
(Tax Map Nos. 6158-18-436168-00,
6158-18-426134-00, 6158-19-502189-00,
6158-19-506187-00,6158-19-515184-00,
6158-19-524174-00, 6158-19-534175-00)
Index No.:
dtrJj /5YS-r
Petitioner,
against
NOTICE OF PETITION AND
APPLICATION FOR REVIEW
OF ASSESSMENT
Village of Wappinger: Town of Wappinger acting
as Assessor for the Village of
Wappinger; and Assessment Board of Review of
the Town of Wappinger acting for the
Village of Wappinger,
,....,....)
~ ..-)
Respondents,
~, ~,'~,.
-J
To review assessments made for the year
2007 against the real property of Petitioner
in the Village of Wappinger.
______________________________________________________------x
\.__J
"---r,
C..n
SIRS:
PLEASE TAKE NOTICE that the undersigned will make application of the 24th day of
September, 2007, (or such other date as may be hereafter fixed by the Court) at a Special
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, at the opening of Court on that day
or as soon thereafter as counsel can be heard, for review pursuant to Article 7 of the Real
Property Tax Law of the assessment upon the real property described in the Petition, a
true copy of which is hereto annexed, and for an Order granting the relief prayed for in
LEVINE & LEVINE. p.c. . ATTORNEYS AT LAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
said Petition, and for such other, further and different relief as may be just and proper in
the premises, with costs of this application.
Dated: August 9,2007
Yours, etc.
~~
Levine & Levine, P.C.
Attorneys for the Petitioner
55 Market Street
Poughkeepsie, New York 12601
TO: Village of Wappinger
2628 South Avenue
Wappingers Falls, New York 12590
Town of Wappinger acting as Assessor for the
Village of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Assessment Board of Review of the Town of Wappinger acting for the
Village of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
LEVINE & LEVINE, p.c. . ATTORNEYS AT LAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
SUPREME COURT: STATE OF NEW YORK
COUNTY OF DUTCHESS
______________________________________________________-----x
In the Matter of the Application of
Ormater Development Corp.,
(Tax Map Nos. 6158-18-436168-00
6158-18-426134-00, 6158-19-502189-00,
6158-19-506187-00, 6158-19-515184-00,
6158-19-524174-00, 6158-19-534175-00)
Index No.:
;?{)()?!5Y5S--
Petitioner,
against
PETITION
Village of Wappinger: Town of Wappinger acting
as Assessor for the Village of
Wappinger; Assessment Board of Review of
the Town of Wappinger acting for the
Village of Wappinger,
Respondents,
To review assessments made for the year
2007 against the real property of Petitioner
in the Village of Wappinger.
______________________________________________________------x
PETITIONER, BY ITS ATTORNEYS, LEVINE & LEVINE, PoCo,
ALLEGES, UPON INFORMATION AND BELIEF, AS FOLLOWS:
1. Petitioner owns 14 South Remsen Avenue, 30 South Remsen Avenue, 91 East
Main Street, 93 East Main Street, 101 East Main Street, 103-105 East Main Street, and
107 East Main Street, Wappingers Falls, New York 12590, and pays taxes in the Village
of Wappinger, County of Dutchess and State of New York, and is the owner of the lands
and premises hereinafter described in the Town of Wappinger: Tax Map Nos. 6158-18-
LEVINE & LEVINE, P.C. 0 ATTORNEYS ATLAW 0 2 JEFFERSON PLAZA 0 POUGHKEEPSIE, N. Y. 12601
436168-00,6158-18-426134-00, 6158-19-502189-00,6158-19-506187-00,6158-19-
515184-00, 6158-19-524174-00, 6158-19-534175-00.
2. Respondents are the assessing unit for the subject properties and the assessors for
such unit within the meaning of Section 704.2 of the Real Property Law.
3. Upon information and belief, on or about July 1,2006, there was prepared and
completed a final general assessment roll for the Village of Wappinger for the years
2006/2007.
4. Petitioner's lands and premises were assessed and described on the final
assessment roll as follows:
Tax Map No. 6158-18-436168-00, Village of Wappinger, land exclusive of buildings:
$75,993.00; total: $426,500.00;
Tax Map No. 6158-18-426134-00, Village of Wappinger, land exclusive of buildings:
$60,309.00; total: $304,000.00;
Tax Map No. 6158-19-502189-00, Village of Wappinger, land exclusive of buildings:
$54,000.00; total: $300,000.00;
Tax Map No. 6158-19-506187-00, Village of Wappinger, land exclusive of buildings:
$44,247.00; total: $311,000.00;
Tax Map No. 6158-19-515184-00, Village of Wappinger, land exclusive of buildings:
$64,928.00; total: $385,000.00;
Tax Map No. 6158-19-524174-00, Village of Wappinger, land exclusive of buildings:
$55,000.00; total: $150,000.00;
LEVINE 8< LEVINE. p.c. . ATTORNEYS ATLAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
Tax Map No. 6158-19-534175-00, Village of Wappinger, land exclusive of buildings:
$85,000.00; total: $340,000.00;
5. These assessments are unequal and excessive, as those terms are defined in Article
7 of the Real Property Tax Law, in the following respects:
a) The assessments of Petitioner' s properties are unequal assessments in that
the assessments have been made at a higher proportionate valuation than the assessments
of other real property on the same roll by the same assessing officers.
b) The assessment on all other properties in the Village of Wappinger is
supposed to be at a uniform equalization rate of the full market value. Whereas, upon
information and belief, the Petitioner's properties are assessed at a rate in excess of the
uniform equalization rate, and/or in excess of the rates at which other properties are
assessed.
c) The assessment has been made at a higher proportionate valuation than the
assessment of other taxable real property of the same major type, as determined by the
state board of equalization and assessment pursuant to section twelve hundred of this
chapter.
d) The assessments against Petitioner's properties as set forth in paragraph 4
are erroneous because they are excessive in that the properties should be assessed as
follows:
Tax Map No. 6158-18-436168-00, Village of Wappinger, $120,000.00 (over assessment
is $306,500.00).
LEVINE & LEVINE. p.c. . ATTORNEYS AT LAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
Tax Map No. 6158-18-426134-00, Village of Wappinger, $100,000.00 (over assessment
is $204,000.00).
Tax Map No. 6158-19-502189-00, Village of Wappinger, $195,000.00 (over assessment
is $105,000.00)
Tax Map No. 6158-19-506187-00, Village of Wappinger, $195,000.00 (over assessment
is $116,000.00).
Tax Map No. 6158-19-515184-00, Village of Wappinger, $190,000.00 (over assessment
is $195,000.00).
Tax Map No. 6158-19-524174-00, Village of Wappinger, $125,000.00 (over assessment
is $25,000.00).
Tax Map No. 6158-19-534175-00, Village of Wappinger, $150,000.00 (over assessment
is $74,500.00).
6. Petitioner is aggrieved and has been or will be injured by the unequal and
excessive assessments and will be required to pay a greater amount and proportion of
taxes than would be required ifthe assessments had been just and equal.
7. Petitioner timely filed with the Assessment Board of Review seven (7) Complaints
demanding that the assessments of the subject parcels referred to herein be corrected and
reduced.
8. The Assessment Board of Review, which is comprised of the proper officers to
correct the assessments, received and acted upon the Complaints for reduction of the
assessments, but refused and failed to correct or reduce the assessments.
LEVINE 8< LEVINE, p.c. . ATTORNEYS A T LAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
9. On or about July 13,2007, the Respondents' assessor finally completed and filed
the final assessment roll. Thirty days have not elapsed since the latter to occur of the last
day set by law for the filing of the final assessment roll or the giving of notice thereof as
required by law.
WHEREFORE, Petitioner requests an Order reassessing and reducing the assessed
valuation of Petitioner's properties as requested in the Petition and making it conform by
equality of assessments to other assessments upon the same assessment roll and for such
other and further relief as to the Court may seem just and proper.
Dated: August 9, 2007
~~-
Robert S. Levine
Levine & Levine, P.C.
Attorneys for the Petitioner
55 Market Street
Poughkeepsie, New York 12601
LEVINE & LEVINE, p.c. . ATTORNEYS AT LAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
VERI FICA TION
STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS)
STEVEN TINKELMAN, being duly sworn, deposes and says:
I am President of the Petitioner in the within action; I have read the annexed
Petition, know the contents thereof and the same are true to my knowledge, except those
matters therein which are stated to be alleged on information and belief, and as to those
matters I believe them to be true.
;~~~
STEVENMnNKELMAN
Sworn to before me this
10th day of August, 2007
i.:: .I~_/; . ;-@"J:1.,
>: j~/;ft:1./i,(:l ,. .r.'-<:'/L.~-
Notary Public
IAR8ARA F. N1COUS
NOI'M'I PUBLIC. St8te of New York
Quellfled In UIIW County.
Certified In ~ COUIitv:l.-..,//
Commission Expires JIIn. t-,: ~ I
LEVINE & LEVINE, P.C. . ATTORNEYS AT LAW . 2 JEFFERSON PLAZA . POUGHKEEPSIE, N. Y. 12601
~
UCS-840(REV 1/2000)
REQUEST FOR JUDICIAL INTERVENTION
Supreme
COURT,
Dutchess
COUNTY INDEX NO. DATE PURCHASED:
8-10-07
For Clerk Only
PLAINTIFF(S): In the Matter of Ormater Development Corn.
Tax Hap Nos. -(Seei\ttached)
Petitioner,
IAS entry date
against
DEFENDANT (5) : Village of' l^!aO!1inqer, Town of' Wapninqer
acting as Assessor for the Village of Wanninqer, and
Assessment Board of Review of the Town of wanninaer
acting for the village of' T'Yappinaer,
Respondents,
To review assessments made for the vear 2007 aaainst
the r,eal property of' the Petitioner in the villaae of'
Judge Assigned
P.JI Date
Tl7anninqer.
Date issue joined:
N/A
Bill of particulars served (Y/N):
[ lYes
lXJ No
NATURE OF JUDICIAL rNTERVENTION (check ~ box only AND enter information)
Request for preliminary conference
[Xj Notice of petition (retur:: c.atE:Q-?A-(7)
Relief sought ~rtj.clp. 7 'T'ax I'ertiora ri
[ 1 Note of issue and/or certificate of
readiness
[ ] Notice of medical or dental malpract~cE
action (specify:
[ ] Notice of motion (return date:
Relief sought
Statement of net wortt
( ] Order to show cause
(clerk enter return date:
Relief sought
Writ of habeas corpus
Other (specify:
[ lather ex parte application (specify:
NATURE OF ACTION OR PROCEEDING (Check ONE box only)
MATRIMONIAL
[ ] Contested -CM
[ 1 Uncontested -UM
Malpractice
[ 1 Medical/Podiatric
[ 1 Dental
[ 1 *Other Professional
-iw!M
-01-,
-OP~
COMMERCIAL
[ ] Contract
( 1 Corporate
( 1 Insurance (where insurer is a
party, except arbitration)
uce (including sales, negotiable
instruments)
*Other Commercial
Motor Vehicle
*Products Liability
-Wi
-PL
-CaNT
-CORP
-OC
Envirorunental
Asbestos
Breast Implant
*Other Negligence
-OTN
-EN
-AS3
-BI
-INS
-uce
*Other Tort (including
intentional)
-aT
REAL PROPERTY
[X~ Tax Certiorari
[ 1 Foreclosure
( 1 Condemnation
[ 1 Landlord/Tenant
( ] *Other Real Property
-TAX
-FOR
-COND
-LT
-ORP
OTHER HATTERS
[ ] *
-OTH
SPECIAL PROCEEDINGS
[ Art. 75 (Arbitration)
[ Art. 77 (Trusts)
[ Art. 78
[ Election Law
[ Guardianship (~~~ AIt. 81)
[ .Other Mental Eygie"e
[ *Other Special Prcceedlng
-A...p.TlS
- ?P.Ti7
-l"......F<. T 7 8
-ELse
-GU.:....c~D81
- VU-:'''G
-05<'
Check "YES" or "NO" for each of the followinq questions:
Is this action/proceeding against a
YES
4-XJ
NO
[ ] Municipality:
(Specify Vi 1 ] aqe of I,Tanninqer)
Tf.f
NO
[ ] Public Authority:
(Specify Assessment Board of' RepieV.7
YES
[ ]
[ ]
[ ]
NO
~~
~]
Does thi~ action/proceeding seek equitable relief?
Does this action/proceeding seek recovery for per~onal injury?
Does.this action/proceeding seek recovery for property damage?
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 of RJI to filing of Note of Issue) :
o Expedited: 0-8 months
E Standard: 9-12 months
o Complex: 13-15 months
Contested Matrimonial Cases Onlv: (Check and give date)
.;,,:;(~:< ...
Has summons been served? 0 No
u Yes, Date
Was a Notice of No Necessity filed? 0 No
o Yes, Date
ATTORNEY ( S 1 FOR PLAINTIFF (S) :
Self I Name
~ Levine & Lev~ p.C.
o I
o I
Address
55 ~1arket Street
I
I
i
,-
Phone #
845-Ll~2-2350
J
Poughkeensie, New York 12601
ATTORNEY(Sl FOR DEFENDANT(S) :
Self
Rep. *
~
Address
Phone #
o
o
*Self Represented: parties represe~ting themselves, without an attor~ey, shc~lc c~eck t~e "Se:: ~e7.1
bex and enter their na~e, address, and phone # in the space provided above for attorneys.
INSURANCE CARRIERS:
N/A
RELATED CASES:
Ti tIe
(IF NONE, write "NONE" below)
Ind~~ # Court
Nature of Relationship
NONE
I AFFIRM UNDER PER~TY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER TPJlli AS NOTED ABOVE, THE~~ ARE
AND HAv~ BEEN NO RELATED ACTIONS OR NOR ~ns A REQUEST FOR JUDICI~' INTERVENTION
PREVIOUSLY BEEN FILED IN THIS O~J.J..L~~_""n__~___":=.:.::.::::>
August 10, 2n07
Dated:
RE)
Fobert S. Levine
(PRINT OR TYPE ~)
,......--'
_ Petitioner
ATTORNEY FOR
ATTACH RIDER SHEET IF NECESSARY TO PROVIDE REQUIRED INFORMATION
Tax Map Nos.
6158-19-502189-00
6158-19-506187 -00
6158-19-515184-00
6158-19-524174-00
6158-19-534175-00
6158-18-426134-00
6158-18-436168-00