Wappinger Associates, LLC
SUPR&~ COURT OF TEE STATE OP NEW YORK
COUNTY OF DUTCHESS
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In the Matter of
WAPPINGER ASSOCIATES, LLC,
Petitioner,
PETITION
Index No. 200~
Tax Map Description
-against-
THE ASSESSOR OF THE TOWN OF WAPPINGER, AND
THE BOARD OF ASSESSMENT REVIEW OF THE TOWN
OF vJAPPINGER,
Grid:19-6157-02-653974-0000
Respondents.
Tax Year 2003/04
RECE\VED
JUL 0 82003
TOWN CLERK
NOTICE OF PETITION
TO THE RESPONDENTS WITHIN NAMED:
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 IAS for Tax Certiorari of this Court, to be
held at the courthouse located at 10 Market Street, Poughkeepsie,
New York 12601 on September 2, 2003
at 9 : 3 0 a . m., 0 r as s 00 n
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.
D~EIVjD\Dy 8, 2003
SSF~~OR'S (')J::F=ICE
A JUL 0 8 2003
ri C\;~! OF VI APPINGER.
!S OFFICE
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SUPREME COURT 02 TSE STATE OF NEW YORK
COUNTY OF DUTCHESS
In t....r",e Matter of
PETITION
Index No.~~~g;tg~Q1
WAPPINGER ASSOCIATES, LLC,
Petitioner,
-against-
THE ASSESSOR OF THE TOWN OF WAPPINGER, AND
THE BOARD OF ASSESSMENT REVIEW OF THE TOWN
OF vJAPPINGER I
Respondent,s 0
TO THE SUP~~~ COU~T 02 TH~ ST~TE OF NEW YORK:
The a~ove-:'l2.:ned petitioner, by his at.torney, DAVID G. KOCH,
ESQ., respectfully alleges ~s follows:
1. At ~ll t.imes ;-,.e::-ein me::.tioned, petitioner was a.'1d still is
a taxpayer of the rn~nici9ality whose Assessor ~s the
respondent
herein
(hereinafter
referred
to
as
"the
assessing j~risdiction") a..'1d is an aggrieved party with
respect to t:"e. assessment within t..'1e meaning of ~706, Real
Property Tax Law, State of New York.
2 .
The
respondent.
has
heret.ofore
prepared,
completed a::.d
perfected, purportedly according to law, a'1 assessment roll
for the assessing ju::-isdiction, for the tax year 2003/04
which assessme~t roll included an ~ssessment for your
petitioner '.5 real proper-ty,
described in column I a..'1d
assessed as set forth on page 3 ~n column II of the
following schedule:
-2-
Colum I
ColllTll II
Petitioner: \vAPPINGER ASSOCIATES, LLC,
File No: IJ--W-U-l
Co] U1T1 It I Colum IV Colum V
Ex ten t
TO'Ml ~1awinger Or ig mal Claimed ConfirmEd Unequal
Vill~e Valuation Va 1 UClLion Valuation and/or
S.D. WaW~nger3 C.S.D. Excessive
Sec. I Block I Int
Grid 19~6157-021-653974-0000 LaOO $ 600,000 $ "" $
Total $ 4 , 900 , 000 $ 980,000 ~ '" $ 3,920,000
Land $ $ "" $
Total $ $ '" $
Land $ $ '" $
Total $ $ '" $
Land $ $ '" $
Total $ $ '" $
Land $ $ '" $
Total $ $ '" $
Land $ $ * $
Total $ $ '" $
Land $ $ "" $
Total $ $ '" $
"'Same as Colunn II except as otherwise ird icated .
-J-
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 lS not assessed at a uniform
percentage of value as required by R.P.T.L. ~305 (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. Petitioner lS aggrieved and injured 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 lS more than one tax lot and assessment
herein, the word "assessment" shall mean lIassessments" 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 reVlew 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 and 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/or the
Assessment Review Commission 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, 2003
WAPPINGER ASSOCIATES LLC
PETITIONER
FILE NO: D-W-U-1
BY:
\O-~ /'
DANIEL MASSRY, MEM~R
Index No. ~O!JS/Ec2g 1
Year:- 2003/04
D-W-U-l
NEW YORK STATE SUPREME COURT: COUN~Y OF DUTCHESS
==--:::::::
,WAPPINGER ASSOCIATES I LLC I
Petitionerp
- against -
THE ASSESSOR OF THE TOWN OF WAPPINGER, AND THE BOARD OF
ASSESSMENT REVIEW OF THE TOWN OF WAPPINGER,
Respondents 0
NOTICE AND PETITION
DAVID G. KOCH, ESQ. Attorney for Petitione~
170 Old Countr:-y Road
Mineola, New York 11501 (516) 294-9710
VERIFICATION
STATE OF NEW YORK, COUNTY OF NASSAU
ss.:
The undersigned, being duly sworn, deposes and says:
that
deponent is the agent for:- the petitioner herein, that depo~ent
has read the foregoing petition and knows the contents
thereof; that the same 1S tr:-ue to deponentts own knowledge~
except as to matters therein stated to be alleged upon
information and belief, and that as to those matters, deponent
believes it to be true; and that the reason this verification
is made by deponent and not by petitioner is that all the
mate rial alleg at ions ( except those as to matte r s of publ ic
record) of said petition are within the personal knowledge cof
deponent.
Sworn to before me this 8th
day of July, 2003
Z~ 7lLtt,1-~d
PUBLIC MARV AN MURPHY
Notary Public. State of New- YOl'k
No. 01 MU4917674
Certified in Nassau County_I
Commission Expires 1/11/20Db
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