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Hoeventure, LLC . . GERARD J. PISANELLI ATTORNEY AT LAW 2 CANNON STREET POUGHKEEPSIE, NEW YORK SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ----------------------------------------X In the Matter of the Application of HOEVENTURE, L.L.C., Index No .ac0!5/3ro V? Petitioner, NOTICE OF PETITION -against- TAX ID #: 6158-14-491476 THE TOWN OF WAPPINGER, A Municipal Corporation, its Assessor and Board of Review, and WAPPINGERS CENTRAL SCHOOL DISTRICT, Respondents. For a review under Article 7 of the Real Property Tax Law of the State of New York of the 2005 assessment of certain real property situated in Respondent Municipal Corporation, located in the County of Dutchess and State of New York. -----------------------------------------X SIRS: PLEASE TAKE NOTICE, that upon the annexed Petition of HOEVENTURE, with respect to property described and ~ ~ c..- c:: r- ~'r-\ o".'-~')"'- ... . ~ ;CqCn'-f -0 ~~i~--J ::J: C': - .' .-;-1 -,,", .-~" - \D referred to therein, in the Town of Wappinger, New York, verified the 26th day of July, 2005, an application will be made to the Supreme Court of the State of New York, at a Special Term, Tax Certiorari Part thereof, to be held in and for the County of Dutchess, at the County Courthouse, Dutchess County, 10 Market Street, Poughkeepsie, New York 10601, on the 17th day of August , 2005 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard to RECEIVED JUL 2 9 2005 TOWN CLERK GERARD J. PISANELLI ATTORNEY AT LAW 2 CANNON STREET POUGHKEEPSIE, NEW YORK review the assessment made in the year 2005 for the tax year 2005-2006 together with such other and further relief as may be just and proper with costs. PLEASE TAKE FURTHER NOTICE that your answer, if any, must be served on the attorneys for the Petitioner at least seven (7) days prior to the return date above designated. Dated: July 2Bt~2005 Yours, etc., ~~~ . GERA D J. PISANELLI, ESQ. Attorney for Petitioner Office and P.O. Address 2 Cannon Street Poughkeepsie, New York 12601 Tel. No. (845) 471-3330 To: Assessor of the Town of Wappinger The Town of Wappinger Town of Wappinger Board of Review Wappingers Central School District GERARD J. PISANELLI ATTORNEY AT LAW 2 CANNON STREET POUGHKEEPSIE, NEW YORK SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ----------------------------------------X In the Matter of the Application of HOEVENTURE, L.L.C. Index No. Petitioner, PETITION -against- THE TOWN OF WAPPINGER, A Municipal Corporation, its Assessor and Board of Review, and WAPPINGERS CENTRAL SCHOOL DISTRICT, Respondents. ~ f}. '::.:: ~:;: t" '~.~,~)) ~)) -1 .." :J' For a review under Article 7 of the Real Property Tax Law of the State of New York of the 2005 assessments of certain real property situated in Respondent Municipal Corporation, located in the County of Dutchess and State of New York. -----------------------------------------x - .- - "" TO THE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS The Petition of HOEVENTURE, L.L.C., respectfully shows: FIRST: That at all times hereinafter mentioned, Petitioner was and is and still is the owner of certain real property situate with the tax district of the Town of Wappinger, set out and described and designated as Section/Block/Lot 6158-14-491476 on the assessment roll and tax map of the Town of Wappinger. SECOND: That the Assessor of the Town of Wappinger, on or before the taxable status date ascertained all the real property located therein and the GERARD J. PISANELLI ATTORNEY AT LAW 2 CANNON STREET POUGHKEEPSIE, NEW YORK name of the owner thereof; and on or before that date assessed all the real property situated therein not exempt by law from taxation and made, prepared and completed the tentative 2005 assessment rolls for the tax year 2005-2006 of said Town of Wappinger and deposited them in his office for examination. THIRD: That the assessment on said assessment rolls of Petitioner's real property as the same appeared thereon is listed herein on Schedule "A". FOURTH: That Petitioner or its authorized agents or attorneys examined said assessment and descriptions and within the time allowed, therefore, said Petitioner, its authorized agents or attorneys having knowledge of the facts, protested and complained of said assessment and made application to have it corrected and reduced to its correct assessed value upon the grounds that it was unequal, illegal and/or overvalued, and Petitioner, its authorized agents or attorneys filed with the Assessor of the Town of Wappinger a complaint or statement under oath, specifying the respects in which the assessment complained of was incorrect and objecting and protesting against the same and requesting that said assessment be reduced to its correct valuation listed herein on Schedule "A". That the said complaint or statement under oath was made and filed in compliance with the Real GERARD J. PISANELLI ATTORNEY AT LAW 2 CANNON STREET POUGHKEEPSIE, NEW YORK Property Tax Law of the State of New York and with such provisions of the Town Code and ordinances of the Town of Wappinger as may apply and as may be valid. FIFTH: That the said Board of Review and Assessor denied Petitioner's application to reduce the assessed value of its property to said requested correct assessed value. That the Assessor and/or Board of Review, as the case may be, on or before July 1, 2005, made and completed the final assessment rolls of its taxing unit. That the Assessor verified said rolls and duly made and subscribed his oath thereto pursuant to Section 514 of the Real Property Tax Law of the State of New York substantially as follows: "I, the undersigned, do depose and swear that, to the best of my knowledge and belief, I have set forth the foregoing assessment rolls for all the real property situated in the assessing unit in which I am Assessor, and with the exception of changes made by the Board of Review and special franchises assessed by the State Board, I have estimated the value of such real property at the sums which I have decided to be the full value thereof." That the Assessor thereafter filed said assessment roll or certified copies thereof and delivered the same to his Clerk. SIXTH: That the final assessment of Petitioner's real property is erroneous by reason of inequality, GERARD J. PISANELLI ATTORNEY AT LAW 2 CANNON STREET POUGHKEEPSIE, NEW YORK illegality and/or overvaluation in those instances specified in the grievance filed with the Assessor and the Board of Review of the Town of Wappinger. That the said real property is actually of assessable value not exceeding the value listed on Schedule "A". SEVENTH: That the assessment of Petitioner's real property is unequal in that it has been made at a higher proportion of value than the assessment of other real property on the same roll by the same officers. That the real property of Petitioner is assessed at a higher percentage of its full value than other properties situated in this taxing unit. That such inequality exists not only in specific instances, but generally throughout the Town of Wappinger. That Petitioner specifies as instances in which inequality exists, other real properties situated within said assessing unit and assessed upon its assessment rolls, and that your Petitioner is and will be injured thereby. EIGHTH: That your Petitioner is aggrieved by said unequal, unjust and erroneous assessment and will be required to pay a greater amount or proportion of taxes than they would be required to pay if its assessments had been just correct and equal. That your Petitioner is and will be injured thereby. NINTH: That the general ratio of the assessed GERARD J. PISANELLI ATTORNEY AT LAW 2 CANNON STREET POUGHKEEPSIE, NEW YORK value to the full value of real property situated in the Town of Wappinger is such that in order to be equal and proportionate with the assessments of other real property, the assessment of Petitioner's real property should be reduced as aforesaid. TENTH: 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, your Petitioner prays that the court revlew all and singular, the proceedings, decisions and actions of the Assessor, the Board of Review and Respondent Municipal Corporation in the matter of the tax assessment and assessed valuation of the real property of the Petitioner and that the said tax assessment and assessed valuation be modified, corrected, vacated or reduced, and be made equal to assessed valuation generally on the same rolls, as the case may require and that the Petitioner have such other and further relief as may be just and proper in the premises and that the Petitioner be awarded costs and disbursements of this proceeding, together with reasonable expenses, including fees of experts and attorneys. Dated: July 26th , 2005 ~~~ GERARD J. PISANELLI, ESQ. Attorney for Petitioner Office and P.O. Address 2 Cannon Street Poughkeepsie, N.Y. 12601 Tel. No. (914) 471-3330 Original Assessed Valuation $609,800 HOEVENTURE, LLC THE TOWN OF WAPPINGER TAX 1.0. 6158-14-491476 Claimed Valuation $313,705 Confirmed Valuation $609,800 S C H E 0 U LEA Extent of Inequality and/or Overvaluation $296,095 .. . GERARD J. PISANELLI ATTORNEY AT LAW 2 CANNON STREET POUGHKEEPSIE, NEW YORK STATE OF NEW YORK COUNTY OF DUTCHESS SS. ~/1v dI4....e-M<---" , being duly sworn, deposes and says that deponent is one of the parties to the action; I have read the annexed Notice of Petition and Petition and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. to before me this day of July, 2005 .P~ ~-~~~ .... - STACIA A. ZIJV:MERMAN Reg. No. 5000458 Notary Public, Ststc of New York Qualified in Dutchess County /f) My Commission Expires 08/17/ao~(#1 STACIA r."'V\~=RMAN :'--.' .58 Not.::, : :'~ew..uk C':::.' _" Counlr My Cc..I'."'.1::;;._..~:= 08/17130_ ~ ~ B 399-Rt'ljLll".;1 fnr JlIdICl:lIllllt'i'Vl'IHIOI1. 22 '\YCRR 202.6. 100 Les 840 I REV I 2(00) BlumbergE/celsior. Inc.. NYC 10013 www.blumberg.com REQUEST FOR JUDICIAL INTERVENTION Index No. J6o.J/3' 'Ig DUTCHESS County Date Purchased SUPREME Court, [AS entry date ~ In the Matter of the Application of HOEVENTURE, L.L.C., Petitioner, -against- For Clerk Only ~ ~.o.,....' . 'jud~~~~~d~~~;;~;:\"" r--' ~\ en.' ..-1 --:;. C) (". ..0 ~2;:~ \: -:$- c ' ....... .................................... .....r'.:.,. RJI Date ""_ cP 'THE TOWN OF WAPPINGER, A Municipal Corporation, its Assessor and Board of Review and WAPPINGERS CENTRAL SCHOOL DISTRICT, ~ Respondents. Date issue joined: N/A Bill of particulars served: DYes Kl No NATURE OF JUDICIAL INTERVENTION (check ONE box only AND enter information) D Request for preliminary conference ~ Notice of petition (return date D Note of issue and/or certificate of readiness Relief sought..200S.,.,2006..tax..assessment. D Notice of motion (return date ... . . R [. f h D Notice of medical or dental malpractice action (specify... e te soug t D Order to show cause (Clerk enter return date Relief sought D Other ex parte application (specify Matrimonial D Contested D Uncontested Commercial D Contract -CONT D Corporate -CORP D Insurance (where insurer is a party, except arbitration) D UCC (including sales, negotiable instruments) D *Other Commercial Real Property xx Tax Certiorari D Foreclosure D Condemnation D Landlord/Tenant D *Other Real Property Other Matters D * NATURE OF ACTION OR PROCEEDING (check ONE box only) Torts Malpractice D Medical/Podiatric 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) ) -CM -UM -INS ...UCC -OC -TAX -FOR -COND -LT -ORP -OTH */1 asterisk used, please specify further. D Statement of net worth D Writ of habeas corpus D Other (specify.. -MM -OM . -OPM -MV -PL -EN -ASB -BI . ................ .... . -OTN -OT Special Proceedings D Article 75 (Arbitration) -ART 75 D Article 77 (Trusts) -ART 77 D Article 78 -ART 78 D Election Law -ELEC D Guardianship (MHL Art. 81) D *Other Mental Hygiene. D *Other Special Proceeding... -GUARD 81 ... ...........-MHYG . .................. ........ -osP Check "YES" or "NO" for each of the following questions. Is this action/proceeding against a: xKJ YES o YES DYES n YES D NO Municipality: (specify ....T.o.wn...af............ 0 YES IXI NO ..................................................Wappinger...... ................................................................................... ) [J NO Does this action/proceeding seek equitable relief? rn NO Does this action/proceeding seek recovery for personal injury? rn NO Does this action/proceeding seek recovery for property damage? Public Authority: (specify............................. ................................................................................ ) 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): n Expedited: 0-8 months 0 Standard: 9-12 months D Complex: 13-15 months Contested Matrimonial Cases Only: (Check and give date) Has summons been served? 0 No 0 Yes, Date ........................................................... Was a Notice of No Necessity filed? 0 No D Yes, Date ........................................................... Attorney(s) for plaintiff(s): Self Rep.* Name Address Phone No. D Gerard J. Pisanelli 2 Cannon Street, Suite 303 n Attorney(s) for defendant(s): Self Name Address Phone No. Rep.* n ~ , ~ , ~L.J<:::.LLO, Eh1anuel F. Saris pergament & Viglotti 845/298-20C 0 .11..:>0 J Wappingers Falls, NY 12590 o * Self Represented: parties representing themselves, without an attorney, should check the "Self Rep" box and enter their name, address and phone number in the space provided above for attorneys. INSURANCE CARRIERS: RELA TED CASES: (if NONE, write "NONE" below) Title Index # Court Nature of relationship Hoeventure/Town of Wappinger 1999/3155 Supreme/Dutchess Year 1999 2000/3159 Year 2000 2001/3622 Year 2001 2002/3198 Year 2002 *See I affirm under penalty of perjury that, to my knowledge, other than as noted above, there are and have been no relateiide actions or proceedings, nor has a request for judicial interventi n previously been filed in this action or proceeding. Date", July 27 . 2005 . iSi;;;;;,;~i.................~~...........................m....................... ..Ger.am...J.......P.is.ane.lli........ ....................................Pe.titiQn~x::.......... (Print or type name) (Attorney for) Attach rider sheet if necessary to provide required information. Rider to Request For Judicial Intervention In the Matter of the Application of HOEVENTURE, L.L.C., Petitioner, -against- THE TOWN OF WAPPINGER, A Municipal Corporation, its Assessor and Board of Review and WAPPINGERS CENTRAL SCHOOL DISTRICT, Respondents. ................................................................................................................................................................................ Related Cases - continued: Title Index # Court Hoeventure/ 2004/3396 Town of Wappinger Supreme Nature of Relationship Year 2004