Roberts Running Creek Mobile Home Park, Inc, c/o Corbally, Gartland and Rappleyea, Esqs
, .
.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
---------------------------------------------------------------------)(
In the Matter of the Application of Roberts Running Creek
Mobile Home Park, Inc., c/o Corbally, Gartland and Rappleyea,
Esqs., as Agents,
RECEIVED
AUG 0 f 2006
TOWN CLERK
Petitioner,
NOTICE OF VERIFIED
PETITION
-against-
LORETTA BRUNELLO, Assessor, Town ofWappingers,
Dutchess County, New York, and WAPPINGERS
CENTRAL SCHOOL DISTRICT,
Index NO':dco.c -y~\fl/
Date Purchased:/ IdX ftj(p
Respondents.
Assigned Judge:
To Review Certain Real Property Assessments for the
year 2006 under Article 7 of the Real Property Tax Law.
---------------------------------------------------------------------)(
NOTICE OF APPLICATION FOR REVIEW OF 2006 ASSESSMENT
SIR S :
PLEASE TAKE NOTICE that upon the annexed Verified Petition, an application will be
made at a Special Term of this Court, to be held at the Dutchess County Courthouse, 10
Market Street, Poughkeepsie, New York on the 25th day of August, 2006, at 10:00 a.m. on
that day or as soon thereafter as counsel can be heard, for the review under Article 7 of the
Real Property Tax Law of the State of New Yark, of the tax assessment of a certain parcel
of real property of the petitioner appearing on the assessment roll for the year 2006, as set
forth in said petition, and far an order canceling, revising ar correcting said assessment and
granting such other and further relief as the Court deems just and proper, together with the
costs and disbursements ofthis proceeding.
Dated: Poughkeepsie, New York
July 28, 2006
y ours, et~/"l
\--
Jon Holde
CORBA Y, GARTLAND & RAPPLEYEA
Attorneys for Petitioner
35 Mark t Street
Poughk epsie, New York 12601
(845) 4 4-1110
TO: Assessors Office
T own of Wappingers
20 Middlebush Road
Wappingers Falls, New York 12590
Wappingers Central School District
Attn: Superintendent
169 Meyers Comers Road
Wappingers Falls, New York 12590
Commissioner of Finance
County of Dutchess
PO Box 300
Poughkeepsie, New York 12602
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
---------------------------------------------------------------------)(
In the Matter of the Application of Roberts Running Creek
Mobile Home Park, Inc., c/o Corbally, Gartland and Rappleyea,
Esqs., as Agents,
Petitioner,
VERIFIED PETITION
-against-
LORETTA BRUNELLO, Assessor, Town ofWappingers,
Dutchess County, New York, and WAPPINGERS
CENTRAL SCHOOL DISTRICT,
IndexNo.:~ -L/~ytj
Date Purchased: J 1;)& lo~
Respondents.
Assigned Judge:
To Review Certain Real Property Assessments for the
year 2006 under Article 7 of the Real Property Tax Law.
---------------------------------------------------------------------)(
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The petitioner respectfully shows to this Court:
1. That your petitioner is the designated agent as set forth in Exhibit "A" for
the owner of certain parcels of real property situate in the Town ofWappingers and State of
New York, said parcels designated on the assessment roll of the Town of Wappingers for
the year 2006 as set forth in Exhibit "B."
2. That the Town ofWappingers is a municipal subdivision existing under the
laws of the State of New York and that at all times hereinafter mentioned, the above-named
respondents constituted the board of assessors of said municipal subdivisions, which
respondents' duties included the preparation and filing of its real property assessment roll
for the said year.
Page 1 of 5
3. That prior to May 1, 2006, said respondents did make, prepare and
complete the tentative assessment roll of the said municipal corporation for said year and
thereupon caused notice over their names and title to be published in the official newspaper
of said municipal corporation, that copies of said assessment roll might be seen for
inspection and examination and that grievance days would be held to review and correct said
assessment roll upon application of persons deeming themselves aggrieved thereby.
4. On such assessment roll, the petitioner's aforesaid real property was
assessed and valuation placed thereon as hereinabove set forth (see Exhibit "B").
5. That at the place and time specified in the aforesaid public notice, or as
adjourned, petitioner duly protested said assessment and duly and timely filed with the
respondents a statement of protest and grievance as to each parcel, under oath and on the
proper forms, specifying the respects in which said assessments should be corrected,
revised and reduced as to each parcel (Exhibit "B "). Said statements of protest are hereby
incorporated in this petition by reference thereto with the same force and effect as though
set forth herein at length, and said respondents refused and still refuse to correct and
properly revise or fully reduce said assessment as to each parcel. The determination of the
Board of Assessment Review denying the protest is annexed hereto as Exhibit "C."
6. That on or about the 1 51 day of July, 2006, said respondents did finally
complete said assessment roll, verify and file the same, and cause notice to be published
according to law that the same had been finally completed and filed.
Page 2 of 5
7. Upon information and belief, the valuation and assessment of petitioner's
said real property, made as aforesaid is erroneous, unjust, unequal and illegal for the
following reasons.
a. The assessments are excessive.
b. Said assessments are unequal in that they have been made at a higher
proportionate valuation than the assessments of other property made
on the same roll by the same assessing officer both generally and as to
properties within the same class, and such inequality is demonstrated
by all the other real properties assessed upon the assessment roll and
by the state equalization rate.
c. Said assessments are illegal and erroneous in that petitioner's said real
property is not assessed on one common and general principal of
valuation applied by respondents in assessing generally the other real
property appearing on the same assessment roll.
d. That the said assessments are unlawful in that they are excessive on a
parcel-by-parcel basis and that the assessments have been arbitrarily
maintained by the assessor and that the equalization value, or full
value, placed thereon by the assessor is not the true value of the
parcels.
Page 3 of 5
8. By reason of the foregoing, petitioner is aggrieved and will be injured
thereby and will be required to pay taxes in a greater amount than if said assessment had
been lawfully, correctly and properly made.
9. That the value of petitioner's parcels and the general ratio of assessed values
is such that in order to be for full value (equalized) rather than excessive value and to be
equal and proportionate with assessments of other property within the municipality,
petitioner's assessments should be reduced as aforesaid.
10. Upon information and belief, the State-established equalization rate relied
upon by the respondents in preparing and certifying the 2006 assessment roll is not an
accurate indicator of the actual ratio of assessed value to fair market value for all parcels in
this assessing unit in said year. The evidence of verified, actual, recent sale of properties
within the taxing unit, either comprehensive or taken at random, is a more accurate
indicator of the true percentage of fair market value at which the said Assessor has assessed
property in said year and the extent to which petitioner's subject assessments are unequal.
11. That thirty days have not elapsed since the final completion and filing of
said assessment roll.
12. The school district is joined as a party to the extent necessary to satisfy the
requirements of Chapter 693 of the laws of 1995.
WHEREFORE, petitioner prays that this Court review the assessment of petitioner's
real property, made as aforesaid, that the assessment be corrected, and that the petitioner
Page 4 of 5
have such other and further relief as the Court deems just and proper, together with the
costs and disbursements of this action.
Dated: Poughkeepsie, New York
July 28, 2006
.--,
Yours, etc., !
i
! ,"'"
,/ /
<>/
. I
Jon HOld~n~ -
CORBALL , GARTLAND & RAPPLEYEA
Attorneys f! r Petitioners
35 Market Street
Poughke sie, New York 12601
(845) 454-1110
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS)
I, the undersigned, am an attorney admitted to practice in the courts of New York,
and say that I am the attorney of record, or of counsel with the attorneys of record, for
Roberts Running Creek Mobile Home Park, Inc., 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.
The reason I make this affirmation instead of the corporate officer on the grounds
that I am the designated agent of petitioner for purposes of this proceeding and action.
I affirm that the foregoing statements are truy/li'~der penalties of perjury.
/ /1
./
Dated: July 28, 2006
l'tH T -\::J~-<::\:J\:Jb .:!..5;:>4
Corball~ Gartland&Rapple~
P.04
DESIGNATION OF REPRESENTATIVE
TO MAKE A COMPLAINT
The undersigned, president of Roberts Running Creek Mobile Home Park, Inc. d/b/a
Roberts Running Creek, hereby designates CORBALL Y, GARTLAND AND RAPPLEYEA,
LLP to act as his representative in any and all proceedings before the Board of Assessment
Review of the Town of Wappingers for the purpose of reviewing the assessment of real property
owned by Roberts Running Creek Mobile Home Park, Inc., d/b/a Roberts Running Creek. as it
appears on the 2006 tentative assessment roll of such municipality, and to commence any legal
proceedings pursuant to Article 7 of the Real Property Tax Law to review the validity of said
assessment.
Dated: May ~, 2006
TOTAL P.04
NYS BOARD OF REAL PROPERTY SERVICES
RP-524 (10/02)
COMPLAINT ON REAL PROPERTY ASSESSMENT FOR 20 06
BEFORE THE BOARD OF ASSESSMENT REVIEW FOR TOWN OF WAPPINGERS
(city, town village or county)
PART ONE: GENERAL INFORMATION
(General information and instructions for completing this form are contained inform RP-524-Ins)
1. Name and telephone no. of owner(s)
ROBERTS RUNN]NG CREEK MOBILE
HOME PARK
2. Mailing Address of owner(s)
1 LAUNDRA ROAD
WAPPINGERS FALLS, NEW YORK 12590
Day no. (845) 297-9749
Evening no. (845) 471-7958
3. Name, address and telephone no. of representative of owner, if representative is filing application.
(if applicable, complete Part Four on page 4.)
CORBALLY, GARTLAND AND RAPPLEYEA, LLP, 35 MARKET STREET
POUGHKEEPSIE, NEW YORK 12601 (845) 454-1110
4. Property location
MONFORT ROAD & PYE LANE
Street Address
Village (if any)
WAPPINGERS FALLS
City/Town
DUTCHESS
WAPPINGERS CSD
School District
County
5. Property identification (see tax bill or assessment roll)
Tax map number or section/block/lot 19-6358-03-288170
Type of property:
Residence
Farm
Vacant land
Commercial
Industrial
Other X
Description:
MOBILE HOME PARK
Assessed value appearing on the assessment roll:
6. Land $1,076,200
Total $ 2,272,800
7. Property owner's estimate of current full market value of property (see Part Two on page 2) $1.741.200
RP-524 (J 0/02)
2
PART TWO: INFORMATION NECESSARY TO DETERMINE VALUE OF PROPERTY
(If additional explanation or documentation is necessary, please attach)
Information to support the value of property claimed in Part One, item 7 (complete one or more):
1. _ Purchase price of property: ........... ... ........ ........... ..... .............. ........ ........... ................ ..... $
a. Date of purchase:
b. Terms:
Cash
Contract
Other (explain)
c. Relationship between seller and purchaser (parent-child, in-laws, siblings, etc.):
d. Personal property, if any, included in purchase price (furniture, livestock, etc.; attach list and sales
tax receipt):
2. _ Property has been recently offered for sale (attach copy of listing agreement, if any):
When and for how long:
How offered:
Asking price: $
3. _ Property has been recently appraised (attach copy): When: _ By Whom:
Purpose of appraisal:
Appraised value: $
4. _ Description of any buildings or improvements located on the property, including year of
construction and present condition:
5. _ Buildings have been recently remodeled, constructed or additional improvements made:
Cost $
Date Started:
Date Completed:
Complainant should submit construction cost details where available.
6. _ Property is income producing (e.g., leased or rented), commercial or industrial property and the
complainant is prepared to present detailed information about the property including rental income,
operating expenses, sales volume and income statements.
7. _ Additional supporting documentation (check if attached).
RP-524 (10/02)
3
PART THREE: GROUNDS FOR COMPLAINT
A. UNEQUAL ASSESSMENT (Complete items 1-4)
1. The assessment is unequal for the following reason: (check a or b)
a..Jl The assessed value is at a higher percentage of value than the assessed value of other real property on the
assessment roll.
b. The assessed value of real property improved by a one, two or three family residence is at a higher
- percentage of full (market) value than the assessed value of other residential property on the assessment
roll or at a higher percentage of full (market) value than the assessed value of all real propertY on the
assessment roll.
2. The complainant believes this property should be assessed at 75 % of full value based on one or more of
the following (check one or more):
a.~ The latest State equalization rate for the city, town or village in which the property is located is ~%.
b. The latest residential assessment ratio established for the city, town or village in which the residential
property is located. Enter latest residential assessment ratio only if property is improved by a one, two or three
family residence %.
c'_ Statement of the assessor or other local official that property has been assessed at %.
d. Other (explain on attached sheet).
3. Value of property from Part one #7........................................................................................... $1,741,200
4. Complainant believes the assessment should be reduced to .............................................. .......... $ 1 .741 .200
B. EXCESSIVE ASSESSMENT (Check one or more)
The assessment is excessive for the following reason(s):
1. ~ The assessed value exceeds the full value of the property.
a. Assessed value of property ............................ ....................................................................... $ 2 . 272 , ROO
b. Complainant believes that assessment should be reduced to full value of (part one #7) .............. $ ] ,74] ,200
c.Attach list of parcels upon which complainant relies for objection, if applicable.
2. The taxable assessed value is excessive because of the denial of all or portion of a partial exemption.
a.Specify exemption (e.g., senior citizens, veterans, school tax relief [STAR])
b.Amount of exemption claimed .... ...... ........... ............... .................. ..... ................ ................... $
c. Amount granted, if any:....................... ....................... ........................................................... $
d. If application for exemption was filed, attach copy of application to this complaint.
3. _ Improper calculation of transition assessment. (Applicable only in approved assessing unit which has
adopted transition assessments.)
a. Transition assessment........................................................................................................... $
b. Transition assessment claimed .............................................................................................. $
C. UNLAWFUL ASSESSMENT (Check one or more)
The assessment is unlawful for the following reason(s):
1. _ Property is wholly exempt. (Specify exemption (e.g., nonprofit organization))
2. _ Property is entirely outside the boundaries of the city, town, village, school distri:t or special district in
which it is designated as being located.
3. _ Property has been assessed and entered on the assessment roll by a person or body without the authority to
make the entry.
4. _ Property cannot be identified from description or tax map number on the assessment roll.
5. _ Property is special franchise property, the assessment of which exceeds the final assessment thereof as
determined by the State Board of Real Property Services. (Attach copy of State Board certificate.)
D. MISCLASSIFICATION (Check one)
The property is rni~c1assified for the following reason (relevant only in approved assessing unit which establish
homestead and non-homestead tax rates):
_ Class designation on the assessment roll: ...................
1._ Complainant believes class designation should be ....
2. ~ The assessed value is improperly allocated between homestead and non-homestead real property.
Allocation of assessed value on assessment roll Claimed allocation
Homestead ...........$ -0- 1.190.000
Non -Homestead... $2,509,300 -0-
RP-524 (10/02)
4
PART FOUR: DESIGNATION OF REPRESENTATIVE TO MAKE COMPLAINT
I, , as complainant (or officer thereof) hereby
designate to act as my representative in any and all
proceedings before the board of assessment review of the city/town/village/county of for
purposes of reviewing the assessment of my real property as it appears on the _(year) tentative assessment roll
of such assessing unit.
Date
Signature of owner (or officer thereof)
PART FIVE: CERTIFICATION
I certify that all statements made on this application are true and correct to be best of my knowl dge and belief, and I
understand that the making of any willful fase statement of material fact herein will subject to the provisions of
the Penal Law relevant to th m . g and filing of false instruments.
.{ l<S
Date
PART SIX: STIPULATION
The complainant (or complainant's representative) and assessor (or assessor designate by a majority of the board of
assessors) whose signatures appear below stipulate that the following assessed value is to be applied to the above
described property on the _(year) assessment roll: Land $_ Total $_
(Check box if stipulation approves exemption indicated in Part Three, section B.2. or C.1.)
Complainant or representative
Assessor
Date
SPACE BELOW FOR USE OF BOARD OF ASSESSMENT REVIEW
Disposition
DUnequal assessment DExcessive assessment
D Unlawful assessment DMisclassification
D Ratification of stipulated assessmentDN 0 change in assessment
Reason:
OAll concur
o All concur except:
V ote on Complaint
D against
D abstain
o absent
Name
D against
D abstain
o absent
Name
Decision by
Board of Assessment Review
$
$
$
$
Tentative assessment
Total assessment $
Transition assessment (if any).. $
Exempt amount............ ............ $
Taxable assessment.................. $
Claimed assessment
$
$
$
$
Class designation and allocation of assessed value (if any):
Homestead ............................. $ $
Non-homestead ....................... $ $
Date notification mailed to complainant
$
$
Addendum to Complaint-Roberts Running Creek
Property owner filed a grievance for prior years which was settled by agreement with the Town
for the amounts for which the reduction is requested. The assessment roll for 2006 is a
continuation of the same rolls for which settlement was made, with minor or no adjustments for
changing residential units within the manufactured home park. Absent a change in circumstance
of the assessment roll, both generally and as affecting this parcel, the same settlement amount
should be applicable.
I In I li:..J-I' c.t;.Jt::Jo c....j. J"+
~oroall~ Uar"lanO&~app!e~
1-'.k:14
DESIGNATION OF REPRESENTATIVE
TO MAKE A COMPLAINT
The undersigned, president of Roberts Running Creek Mobile Home Park, Inc. d/b/a
Roberts Running Creek, hereby designates CORBALL Y, GARTLAND AND RAPPLEYEA,
LLP to act as his representative in any and all proceedings before the Board of Assessment
Review of the Town of Wappingers for the pwpose of reviewing the assessment of real property
owned by Roberts Running Creek Mobile Home Park, Inc., d/b/a Roberts Running Creek. as it
appears on the 2006 tentative assessment roll of such municipality, and to commence any legal
proceedings pursuant to Article 7 of the Real Property Tax Law to review the validity of said
assessment.
Dated: May ~, 2006
TOTAL P.04
RP-525 (1/97)
*
. New Yark State Board of Real Property Services
. #
IR0~~5 ~4..N^,IJVl (:J(...."L'i..I<. l'V\o()rt~
N DM'L f~~J<'
Y't)" 4~6~1..L, i / &AIl:1'lk.v.5> ci-~~p L~1fEA
I as- mAR i<;<-T ST, I
? & l )Grc.H6/~ ---.J
N~e and address/of~1ainant
NOTICE OF DETERMmATION OF
BOARD OF ASSESSMENT REVIEW
For UJ~~ J~at" .
(0 . 0 Village or County)
I q (p 15~ d;;<' S--'? ~9 () 7
I ~ - ~ 3s-~ -' Q '3>.... I..J ~ ~ 1 J Z>
Tax map section/block/lot #
i'V\o ~fY0 {(., <;K ~..j.., I"-{ <L ~W1-
Location of property if different
than address of Complainant
The tentative assessed value of $ for this property:.
a. 0 has been reduced to an assessed value of Land $ Total $
b. t&\ has not been reduced..
Your complaint was based upon a contention that your assessment should be changed because of the folloWing:
o Assessed Valuation
o Exemption
o Oassification
CJ Other
The Board of Assessment Review has made this determination for reasons set forth below:
Assessed Valuation
a. The current full market value of your property was determined to be $
CJ (1) The proof of value you presented was adequate.
~ (2) The proof of value you presented was inadequate because:
I2l i the supporting data was insufficient
CJ ii.. sales were not comparable to your property
o iii. the written appraisal was incomplete
o iv. the income and expense statement was incomplete (income producing property)
CJ v. the construction cost details were incomplete. .
b. The uniform percentage of value applicable "in this assessing unit is
CJ (1) The proof of assessment ratio that you presented was adequate.
o (2) The proof of assessment ratio that you presented was inadequate because: "
D i. insufficient data was used in calculating an assessment ratio
D ii. sufficient evidence was presented by the assessor to refute the
residential assessment ratio (RAR) or the State equalization rate
the State ratios are inapplicable due to a revaluation
the ratio that you presented was not the correct residential assessment ratio (RAR)
the rate that you presented was not the correct State equalization rate.
D iii.
D iv.
D v.
,. ,,,...
c. The physical characteristics and inventory of your property were determined to be:
o (1) correct
o (2) incorrect
cont
RP-S2S (1/97) Valuation (cont.)
The correct inventory should indicate the foll<:>wing:
..".1,
Exemntion
The taxable assessed value was detennined to be $
o (I) Your request for exemption has been granted in the amount of $
o (2) Your request for an exemption was denied because you do not qualify for that exemption.
Classification
a The property class designation was determined to be:
o (1) correct
o (2) incorrect because:
o i the class designation should be homestead
o n. the class designation should be non-homestead
b. The property class allocation was determined to be:
D (1) correct
D (2) incorrect because:
the class designation should be allocated homestead in the amount of $
and non-homestead in the amount of $ .
Additional Factors
Factors in addition to or other than those listed that affected the determination were:
If you are dissatisfied with the detennination of the Board of Assessment Review, you may seek
judicial review of your assessment pursuant to Article 7 of the Real Property Tax Law (RPTL).
If you are the owner of a one, two or three family residential structure and reside at such residence,
or, if you are the owner of unimproved property which is not of sufficient size as detennined by your
assessing unit to contain a one, two or three family residential structure, you may seek small claims
assessment review pursuant to Title I-A of Article 7 of the RPTL. Petitions for judicial review must be
filed within thirty (30) days of the last date allowed by law for the filing of the final assessment roll for
your assessing unit, or the published notice of such filing, whichever is later. Petition forms for SmaIl
Claims Assessment Review may be obtained from the County Clerk's OffiCe.
Vote on complaint
~ concur
o All concur except:
name
o against
o abstain
o absent
name
o against 0 abstain 0 absent
~frV~~
/ Chairpers (Si
Board of Assessment Review
l.! ) '>-/0:,: ~
REQUEST FOR JUDICIAL INTERVENTION
UCS-840(REV 1/2000)
SUPREME COURT OF THE STATE OF NEW YORK
DUTCHESS COUNTY
For Clerk Only
INDEX NO. dDe\-.o -~. 'd\.f l{
PETITIONER(S) :In the Matter of
Application of Roberts Running
Horne Park, Inc., c/o Corbally,
Rappleyea, Esqs., as Agents
the
Creek Mobile
Gartland and
RESPONDENT(S): Loretta Brunello, Assessor,
Town fo Wappingers, Dutchess County, New
York, and Wappingers Central School District
To Review Certain Real Property Assessments
for the year 2006 under Article 7 of the Real
Property Tax Law
DATE 1 I
PURCHASED :/ d~ () &;
,
a :IJ
)> m
c::
:E G") (')
z c::>> m
(') - -
hi ~ <
:D ~ m
^ CJ
IAS entry date
Judge Assigned
RJI Date
Date issue joined:
[ ] Yes
[ ] No
Bill of particulars served (Y/N):
.................................................................... ....................... .................... ..............................................................................
NATURE OF JUDICIAL INTERVENTION (check ONE box only
[ ] Request for preliminary conference
[ ] Note of issue and/or certificate of
readiness
Notice of motion (return date:
Relief sought:
Order to show cause
(clerk enter return date:
Relief sought
[ ] Other ex parte application (specify:
OR PROCEEDING (Check ONE box only)
NATURE OF ACTION
MATRIMONIAL
[ ] Contested
[ ] Uncontested
COMMERCIAL
Contract
Corporate
Insurance (where insurer is a
party, except arbitration)
UCC (including sales, negotiable
instruments)
*Other Commercial
-CM
-UM
-CONT
-CORP
-INS
-UCC
-OC
REAL PROPERTY
[X] Tax Certiorari
[ ] Foreclosure
[ ] Condemnation
[ ] Landlord/Tenant
[ ] *Other Real Property
Mechanic Lien Foreclosure
OTHER MATTERS
[ ]
* If asterisk used, please specify.
TORTS
Malpractice
-TAX
-FOR
-COND
-LT
-ORP
-OTH
AND enter information)
[X] Notice of Petition (return date:8/2/06)
Relief sought RPTL Article 7
[ ] Notice of medical or dental malpractice
action (specify:
Statement of net worth
Writ of habeas corpus
Other (specify:
Medical/Podiatric
Dental
*Other Professional
-MM
-DM
-OPM
Motor Vehicle
*Products Liability
-MV
-PL
Environmental
Asbestos
Breast Implant
*Other Negligence
-EN
-ASB
-BI
-OTN
*Other Tort (including
intentional)
-OT
SPECIAL PROCEEDINGS
Art. 75 (Arbitration)
Art. 77 (Trusts)
Art. 78
Election Law
Guardianship (MHL Art. 81)
*Other Mental Hygiene
-ART75
-ART77
-ART78
-ELEC
-GUARD8l
-MHYG
*Other Special Proceeding
-QSP
Check "YES" or "NO" for each of the follC.>winq questions:
Is this action/proceeding against a
YES NO
[X] []
Municipality:
(Specify Town of Waooinqers)
YES
[ ]
NO
[Xl Public Authority:
( Specify
YES NO
[] [X] Does this action/proceeding seek equitable relief?
[] [Xl Does this action/proceeding seek recovery for pe:t;sonal injury?
[l [Xl Does this action/proceeding seek recovery for property damage?
Pre-Note Time Frames:
(This applies to all cases except contested matrimonial and tax certiorari cases)
Estimated time period for case to be ready for trial (from filing of RJI to filing of Note of Issue) :
X Expedited: 0-8 months
o Standard: 9-12 months
o Complex: 13-15 months
Contested Matrimonial Cases Only:
Has summons been served?
(Check and give date)
o No 0 Yes, Date
Was a Notice of No Necessity filed? 0 No
ATTORNEY(S) FOR PLAINTIFF(S) .
o Yes, Date
~ Name Address Phone #
Rep. *
D Jon Holden Adams 35 Market Street (845) 454-1110
Corbally, Gartland and Rappleyea, LLP Poughkeepsie, NY 12601
D
ATTORNEY (S) FOR DEFENDANT:
Self Name Address Phone #
Rep. *
D Unknown at this time.
D
*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:
RELATED CASES: (IF NONE, wri te "NONE" below)
Title
Index #
~
Nature of Relationship
NONE.
I AFFIRM UNDER PENALTY OF PERJURY THAT, TO
AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS NOR
/
PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING.
Dated: July 28, 2006 ~
TONATURE)
Jon Holden
ATTACH RIDER SHEET
OWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE
A REQUEST FOR JUDICIAL INTERVENTION
Attorne s
Petitioner
TO PROVIDE REQUIRED INFORMATION
.
Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
IN THE MATTER OF THE APPLICATION OF ROBERTS RUNNING CREEK MOBILE
HOME PARK, INC., C/O CORBALL Y, GARTLAND AND RAPPLEYEA, ESQS., AS
AGENTS,
PETITIONER,
-AGAINST-
LORETTA BRUNELLO, ASSESSOR, TOWN OF W APPINGERS, DUTCHESS COUNTY,
NEW YORK, AND W APPINGERS CENTRAL SCHOOL DISTRICT,
RESPONDENTS.
TO REVIEW CERTAIN REAL PROPERTY ASSESSMENTS FOR THE YEAR 2006 UNDER
ARTICLE 7 OF THE REAL PROPERTY TAX LAW.
NOTICE OF VERIFIED PETITION; VERIFIED PETITION
CORBALL Y, GARTLAND AND RAPPLEYEA, LLP
Attorneys for
PETITIONER
JON HOLDEN ADAMS, ESQ.
35 MARKET STREET
POUGHKEEPSIE, N.Y. 12601
(845) 454-1110
l'EQUEST FOl' JUDICIl\I. :LNTEl'~:LON
-
For Clerk only
DUTCHESS COUflTY
SUPREME COURT OF THE STATE OF flEW YORK
DATE. - t.......~ I I'd
PURCHASED :~l.tJ
",11 of parUcular' ,erved (Y/N)' [l Ye' [ 1 No
~~.~~. ~~~~.~~~~~~.~~~. .~.~~.~... ..... ...... ....:........................... ............
( 1 Reque,t f . . - ec ~ 0" only ~ enter ,nformation:
or prel,m,nary conference .' .
[ ] Note of issue and/or t'f' [Xl Not,ce of pet't'~ (return date'8/2/06)
cer , ,cate of' .
readine' , Rel,ef ,ought RPTL Artiole 1
Notice of motion (return date' [ 1 Notice of ~edioal or dental malpractice
Relief ,ought' action (,pecifY'
Order to ,how cau,e [ ) Statement of net worth
(cl;rk enter return date' [ 1 Writ of habea, corpu,
Rel,ef ,ought [ 1 Other (,pecifY'
[ 1 Other eK parte application .
(specifY:
NATURE OF ACTION
MATRIMON~~T OR PROCEEDING (Check _ONE box
~ only)
[ ] Contested
[ ] Uncontested
COMMERCIAL
[ ] Contract
[ ] Corporate
[ ] Insurance (whe '
party ex re lnsurer is a
DCC (~ cept arbitration)
, lncluding sale
lnstruments) s, negotiable
[ ] *Other C
ommercial
INDEX NO. dDD-o - L{ 'd'i l\
PETITIOflER(S) :In the Matter of
APplication of Roberts Running
Bome park, InC., c/o corballY,
Rappleyea, Esqs., as Agents
the
Creek Mobile
Gartland and
RESPONDENT(S): Loretta Brunello, Assessor,
Town fo wappingers, DutchesS county, NeW
York, and wappingers central school District
To Review certain Real property Assessments
for the year 2006 under Article 1 of the Real
property Tax Law
Date issue JOlned.
REAL PROPERTY
[X] Tax Cert' '
[ ] lorarl
Foreclos
[ ure
] Condernnat'
[ lon
] Landlord/T
[ ] *Oth enant
er Real P
Meehan' ,roperty
OT lC Llen F
HER MATTERS oreclosure
[ ]
* If
asterisk
TORTS used, please sp ,
ec~fy.
M?llpractics
-CM
-UM
-CONT
-CORP
-INS
-UCC
-OC
-TAX
-FOR
-COND
-LT
-ORP
-OTH
a ~ ~
~ G') ()
z ~ ro
(') -
m ~ ~
~ ~ ~
lAS entry date
Judge hsSigned
RJI Date
[ 1
[ 1
[ 1
Medical/Podiatric
Dental
*Other Profess'
lonal
-MM
-DM
-OPM
-MV
-PL
Motor Vehicle
*p d
ro ucts Liab'l'
l lty
[ 1
[ ]
[ ]
[ ]
Environmental
Asbestos
Breast Impl
* ant
Other Negl'
1gence
-EN
-ASB
-BI
-OTN
[ ]
*Oth
er Tort ('
intent' lncluding
lonal)
-aT
SPECIAL
[ ] PROCEEDINGS
Art. 75 ( ,
[ ] Arbltrat'
Art 77 lon)
[ ] A' (Trusts)
rt. 78
[ ] Elect'
[ ] lon Law
Guardiansh'
[ ] *Oth lp (MHL Art
er Mental ' .
Hyglene
[ ] *Other S '
geClCll
81)
-ART75
-ART77
-ART78
-ELEC
-GUARD81
-MHYG
frOCMding
"OS?
Check "YES" or "NO" for each of the
Is this action/proceeding against a
YES NO
[X] []
followinq questions:
Municipality:
(Specify Town of Wappinqers)
YES
[ ]
NO
[X] Public Authority:
(Specify
YES NO
[] [X] Does this action/proceeding seek equitable relief?
[] [X] Does this action/proceeding seek recovery for personal injury?
[] [X] Does this action/proceeding seek recovery for property damage?
Pre-Note Time Frames:
(This applies to all cases except contested matrimonial and tax certiorari cases)
Estimated time period for case to be ready for trial (from filing of RJI to filing of Note of Issue) :
X Expedited: 0-8 months
o Standard: 9-12 months
o Complex: 13-15 months
Contested Matrimonial Cases Only:
Has summons been served?
(Check and give date)
o No 0 Yes, Date
Was a Notice of No Necessity filed? 0 No
ATTORNEY(S) FOR PLAINTIFF(S)'
o Yes, Date
Self ~ Address Phone #
Rep.*
D Jon Holden Adams 35 Market Street (845) 454-1110
Corbally, Gartland and Rappleyea, LLP poughkeepsie, NY 12601
D
Self ~ Address Phone #
Rep. *
D Unknown at this time.
D
ATTORNEY (S) FOR DEFENDANT:
*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:
RELATED CASES:
~
(IF NONE, write "NONE" below)
Index #
~
Nature of Relationship
NONE.
I AFFIRM UNDER PENALTY OF PERJURY THAT, TO
AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS NOR
PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEE6ING.
Dated: July 28, 2006 L
( 'GNATURE)
C
Jon Holden
OWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE
A REQUEST FOR JUDICIAL INTERVENTION
Petitioner
ATTACH RIDER SHEET IF NECESSAR TO PROVIDE REQUIRED INFORMATION