Imperial Gardens, LLC
\
See Attached Schedule
ClientID: COHENEDWA
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
IN THE MATTER OF
_ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - -x
NOTICE OF PETITION
Index No.
Petitioner(s),
-1-oo'l-/3l)f
Imperial Gardens, LLC
Name of Assigned Judge
-against-
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for Wappingers Central/Village
School District
Oral Argument is not
,...,
= CJ
':? C") c
Rewes:t;.~~
c:: .., ,T!
I "'1 ":0 ::r.
, ~iC rn
C"1", '-1)
U1 rt, If} '-')
::; On
--no
!:-q ,.." -
CJ 't~~
"''''1.
~
\.0
..
C>
\.0
of Wappingers Falls
Respondents.
- - - - - - - -x
Upon the annexed Petition of Imperial Gardens, LLC
sworn to on July 08, 2004, the Petitioner will move this court at the
County Courthouse, 22 Market Street, poughkeepsie, New York 12601 on the
10 day of September, 2004 at 9:30 A.M. for an order reducing the assessed
valuation of real property of the Petitioner as set forth in said Petition, and for
such other and further relief as to the Court may seem just and proper.
The above-entitled proceeding is brought under Article 7 of the Real Property
Tax Law for review of real property assessed valuation.
Dated
July 08, 2004
Brandt, Steinberg & Lewis LLP
Attorneys for Petitioner
386 Park Avenue South, Suite 600
New York, NY 10016
212-563-2200
To: Respondents above named
Town of Wappingers
Attorney for Respondents
20 Middlebush Road, Wappinger Falls, N.Y. 12590
RECEIVED
jUt 1 5 2004
TOWN CLERK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
IN THE MATTER OF
_ _ - - - - - - - - - - - - - - - - - - - - - - - - -x
INDEX NO.
Imperial Gardens, LLC
PETITION FOR REVIEW OF REAL
PROPERTY ASSESSMENT
See Attached Schedule
Petitioner(s),
-against-
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for Wappingers Central/Village of Wappingers Falls
School District
Respondents.
- - - - - - - - - - - - - - - - - - - - - - -x
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The Petitioner above named, respectfully shows and alleges as follows:
1. At all times hereinafter mentioned, the petitioner was and still is a
Partnership and the owner of certain real property in the Town of Wappingers,
County of Dutchess, and State of New York, known and designated on the
Assessment Roll of the said municipality as:
See Attached Schedule
2. Said property has been assessed by the Respondents for the tax year
2004/05 as follows:
See Attached Schedule
3. Said assessments are erroneous as excessive and unequal on the
following grounds:
(a) Said assessments are unequal in that they have been made at a higher
proportionate valuation than the assessment of other real property on the said assessment
roll of the said municipality for the aforesaid tax year. Petitioner specifies as the
instances in which inequality exists, the assessment of all the land, real estate and real
property in the said municipality for the aforesaid year. All other real property
upon this tax roll for this year has been assessed at 1% of full value.
The correct equalized full value of Petitioner's real property is See Attached Schedule.
4. Your Petitioner is aggrieved and has been or will be injured by said unequal
and excessive assessment and will be required to pay a greater amount and proportion
of taxes than would be required if the said assessment had been just and equal.
5. Heretofore your Petitioner caused to be filed with the Respondents a
due and timely notice of protest requesting that said assessment be corrected
and reduced to See Attached Schedule, and Respondents failed and refused
to make such correction as requested.
WHEREFORE, your Petitioner prays for an order reducing the assessed valuation
of Petitioner's property to the true value thereof and to a valuation proportionate
to the assessments of other real property assessed on the same rolls for the same
tax year, so that equality of assessment will result, and for such
x
x
x
x
x
,
other and further relief as to the Court may seem just and proper, together
with costs.
Imperial Gardens, LLC
PETITle
~
by:
ndt - Authorized Agent
V E R I F I CAT ION
State of New York
ss:
County of New York
Hubert J. Brandt, being duly sworn, deposes and says:
that he is the authorized agent of Imperial Gardens, LLC
the Petitioner herein, that deponent has read the foregoing Petition
and know the contents thereof, that the same is true of his own
knowledge, except as to matters therein stated to be alleged on
information and belief and as to those matters, he believes it to be
true.
. Brandt - Authorized Agent
Sworn to me this
&- ~ of July, 2004
()~~O _ ~~
NOTARY
BERNICE BRODY
Notary Public, State of New York
No. 31-01 BR4828990
Qualified in New York County
Commission Expires Nov. 30, 2006
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
HUBERT J. BRANDT, RICHARD A. STEINBERG or WILLA I. LEWIS, to act as our agent for
the assessment year 2004 to:
(1) Make and serve a statement (also known as a complaint or protest), specifying the respect
in which the assessment of the property listed below is illegal, erroneous, or unequal; and
(2) Verify, serve and file a petition for judicial review of real property assessment Pursuant
to Article 7 of the Real Property Tax Law.
(3) BRANDT, STEINBERG & LEWIS LLP
are 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 lherefrom.
This authorization applies to the following petitioner:
Petitioner: Imperial Gardens, LLC
County of: Dutchess
Village of:
City/Town: Town ofWappingers
(1) Property Location: Imperial Boulevard
Identification No: 19-6158-20-751120-00
School District: Wappingers Central/Vill
(2) Property Location: Imperial Boulevard
Identification No: 19-6158-19-722118-00
School District: Wappingers Central/Vill
(3) Property Location: Imperial Boulevard
Identification No: 19-6158-19-689109-00
School District: Wappingers Central /ViI
Dated: April
r~
2004
BY:~
/~
,/title: .
COHENEDW A
(]3CJ?;i1.:NC])rr, SPEI:N(]3P,cR.G e:l DEWIS LLP
386 ParR.JIvenue Soutli - Suite 600
:New ry"orR., :New ry"orR. 10016
cr(212) 563-2200 P (212) 629-4272
City/crown Petition SclieduCes for 2003/2004
crown of crown of Wappingers
Petitioner Impetia[ qard"ens, LLC
Identification :No
Land Va[ue crota[ Va[ue
puce Va[ue
c.R.educed JIssessment to
19-6158-20-751120-
$50,000
$56,382
$16,915
19-6158-19-722118-
$425,000
$1,874,718
$562,415
19-6158-19-689109-
$425,000
$1.874,718
$562,415
COHENEDWA
INDEX NO.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - -X
IN THE MATTER OF
Imperial Gardens, LLC
Petitioner(s),
-against-
Assessor and Board of Review of the
Town of Wappingers, and the Board of
Education for Wappingers Central/Village of Wappingers Falls
School District
Respondents.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - -X
PETITION AND NOTICE OF MOTION
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - -X
Brandt, Steinberg & Lewis LLP
Attorneys for Petitioner
Office & P.O. Address
386 Park Avenue South, Suite 600
New York, NY 10016
212-563-2200