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Wappinger Shopping Centers, LLC . .\--.~=~ SUPREME COURT OF TEB STATB OF NEW YORK COUNTY OF DUTCHESS In the Matter of WAPPINGER SHOPPING CENTERS, LLC, Petitioner, -against- THE ASSESSOR OF THE TOWN OF WAPPINGER, AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF vJAPPINGER, Respondents. NOTICE OF PETITION TO TEE RESPONDENTS WITHIN NAMED: ~~~ ,......, 0:::;:) = ,,, D~-U-l';"::' c.:...:. ". c .' r-- I C,', ""'f.J :::: --: PETITION Ii! !.::J 7'- r~; --j ~,< &- \.0 Index No. t}(){)"I/c211J.3 Tax Map Description Grid:19-6l57-02-653974-0000 \~ Tax Year: 20~~~ ~.~A d' Qt)'\ d", ~ ~ .., ~ PLEASE TAKE NOTE THAT, upon the annexed verified petition, an application will be made, pursuant to the provisions of the Real Property Tax Law at lAS for Tax Certiorari of this Court, to be held at the courthouse located at 10 Market Street, Poughkeepsie, New York 12601 on September 2, 2004, at 9:30 a.m., or as soon thereafter as counsel can be heard, for the relief prayed for in said petition, upon grounds set forth therein, and for such other and further relief as may be just and proper under the circumstances. Da ted: July 1, 2004 YO~tc. '". ~~/~ DAVID G. K~~, ESQ. Attorney for Petitioner 170 Old Country Road Mineola, New York 11501 ( 516) 294-9710 SUPREME COURT OF T5E STATE OF NEW YORK COUNTY OF DUTCHESS In the Matter of PETITION Index No. ~(){)1/.Qqj.3 WAPPINGER SHOPPING CENTERS, LLC, Petitioner, -against- THE ASSESSOR OF THE TOWN OF WAPPINGER, AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF vn.PPINGER, Respondents. TO THE SUP~~~ COU~T 02 Tct~ STATS OF NEW YORK: The above-:1a:nec pet.itioner-, by his at.torney, DAVID G. KOCEi, ESQ., respectfully alleges as follows: 1. At all times her-ein me:1tioned, petitioner was and still is a taxpaye~ of the municipality whose Assessor is the respondent herein (hereinafter referred to as "the assessing j!.lr-isdiction") a.'1d is an agg~ieved party with respect to t~e assessment within t.~e meaning of S706, Real Property Tax Law, State of New York. 2. The responce:1t. has he~etofore prepared, completed a:1d perfected, p~rportedly according to law, ~'1 assessment roll for the assessing jurisdiction, for the tax year 2004/05 which assess~eDt roll i~cluded an assessment for your petitioner's real propert.y, described in column I and assessed as set forth on page 3 in column II of the following schedule: -2- Colum I Colum II Petitioner: WAPPINGER SHOPPING CENTERS, LLC, File No: D--W-U-l Colum I I I Colum IV Colum V . Bx ten t Town Wawinger Or iginal Claimed Conflrmerl Unequal Village Valuation Valuation Valuation and/or S.D. Waw~ngers C.G.D. Excessive Sec. I Block I Lot Grid lJ-6157-02'-653974-0000 Land $ 600,000 $ '" $ Total $ 4,900,000 $ 980,000 : It $ 3,920,000 Land $ $ '" $ Total $ $ '" $ land $ $ * $ Total $ $ '" $ land $ $ * $ Total $ $ * $ Land $ $ '" $ Total $ $ It $ Land $ $ '" $ Total $ $ '" $ Land $ $ If $ Total $ $ * $ "'Same as Colll11n II except as otherwise ind icated . -]- 3. petitioner duly made and filed with respondents a written application and statement under oath, to have said assessed valuation of said real property corrected and revised, specifying therein the respect in which the assessment complained of was incorrect, and which application and statement sought to reduce the assessment complained of as set forth in Column III Paragraph 2, Page 3. The application and statement are hereby referred to and made part hereof as though fully set forth herein. 4. Upon information and belief, a final decision and determination on the application and statement were duly rendered by respondents who failed to reduce the assessment as requested and confirmed the assessed valuation of petitioner's property as set forth in Column IV Paragraph 2, Page 3. 5. Thirty days have not elapsed since the filing of the certified copy of the completed and verified assessment roll as required by law. 6. The assessment of petitioner's property is erroneous upon the following grounds, as more fully defined in R.P.T.L. ~522 which is incorporated by reference herein: (a) Excessive (to the extent set forth in Column V Paragraph 2, Page 3); (b) Unequal (to the extent set forth in Column V Paragraph 2, Page 3). The assessed value is at a higher percentage .of value than the assessed value of all other real property on the same assessment roll. The specified instances of such unequal assessment is the assessments of all of the real property in the assessing jurisdiction and each and every parcel thereof; and (c) Unlawful in that this property and all real property in the assessing unit is not assessed at a uniform percentage of value as required by R.P.T.L. !D05 (2), and/or contrary to R.P.T.L. ~502 Form of Assessment Roll, and/or contrary to R.P.T.L. ~550(2) Clerical Error, and/or R.P.T.L. ~550(3) Error of Essential Fact, and/or R.P.T.L. ~550(7) Unlawful Entry, and/or R.P.T.L. ~302 Taxable Status Date. -4- 7. In the event that the assessment at issue has or should have a R.P.T.L. ~485-b Business Exemption and petitioner's property has failed to receive all or a portion of the R.P.T.L. ~485-b (business investment) exemption or other partial exemptions to which it is entitled, or that respondents have failed to properly calculate such exemptions, the assessment should be reduced as excessive, unequal and unlawful. 8. Peti tioner is aggrieved and inj ured by said unequal, excessive, illegal, unlawful, and/or erroneous assessment (as defined in R.P.T.L. ~522), and will be required to pay a greater amount and proportion of taxes than petitioner would be required to pay if the assessment had been equal and not excessive, illegal, unlawful and/or erroneous. 9. No provision is made by law for an appeal or other relief from the final determination of the respondents except by a review by petition to the Supreme Court. No previous application for the relief herein asked has been made to any court or judge. , 10. If there is more than one petitioner herein, the word "petitioner" shall mean "petitioners" or "each of the petitioners", and if there is more than one tax lot and assessment herein, the word "assessment" shall mean "assessments" or "each of the assessments", and as used herein the singular shall include the plural and the plural shall include the singular, as the context requires. WHEREFORE, petitioner prays that the Supreme Court review and correct on the merits, the final determination of respondents on the grounds set forth in this petition, and that the Court take evidence to enable petitioner to show the unjust, unequal, excessive, unlawful, illegal and erroneous assessment of the real property to the end that the assessment may be reduced to the full, true and market value thereof for land and improvements, and to a valuation proportionate to the assessments of all other property in the same assessment rolls for the same year, so that equality of assessments will result, and for such other and further relief as the Court may deem proper, together with the statutory interest, costs and disbursements of this proceedings. DAVID G. KOCH, ESQ. 170 OLD COUNTRY ROAD MINEOLA, NEW YORK 11501 (516) 294-9710 -5- p:\docs\upstate\page4.5 AUTHORIZATION 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 DAVID G. KOCH, ESQ., or any attorney employed by such firm, to act as our agent to: (1) Make and serve a statement (also known as a complaint or protest) pursuant to Sections 512(1) and 524 of the RPTL, specifying the respect in which the assessment of the property listed below is excessive, unequal, unlawful or misclassified. (2) Verify: serve ~nd file a petition for review of real property assessment pursuant to Article 7 of the Real Property Tax Law. (3) Such firm is authorized to represent the undersigned in all proceedings before the Board of Assessment Review and the Supreme Court, State of New York, and all appeals therefrom. This authorization applies to the following property: COUNTY: DUTCHESS ADDRESS: U.S.9 & Myers Corner Road, Wappingers Falls, NY TOWN: WAPPINGER VILLAGE: UNINCORPORATED TOWN DESCRIPTION: Grid: 19-6157-02-653974-0000 S.D.: Wappingers Central School District DATED: January 2, 2004 WAPPINGER SHOPPtNG CENTERS LLC PETITIONER FILE NO: D-W-U-1 BY: .~;;;;.:~~ _~~~~8~ MEMBER R4t...PH- ";'w:1...