Wappingers Falls Owners Corp
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
i ~_ \.~i "..' '"
In the Matter of
WAPPINGERS fALLS OWNERS CORP. f
Petitioner,
-against-
THB ASSESSOR OF THE TOWN OF WAPPINGER,
LINDA TASADFOY, AND THE BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF WAPPINGER,
Respondents.
NOTICE OF PETITION
TO THE-RESPONDENTS WITHIN NAMED:
D-W-I-1
I f~
; J :',
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PETITION
Index No.
n; _-, __-_
".").-
Tax Map Description
Map 6158
Page 19
PaLce1 619142-0000
Tax Yetf~c~~rf3
SESSOR1S OFFICE
~S 'JUL 15 2002
PLEASE TAKE NOTE THAT, upon the annexed ver if led pet.l tion, 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 II, 2002,
at 9:30 a.m., or as soon
said pet.ition, upon grounds set forth therein,
thereafter as counsel can be heard, for the relief prayed for in
and further relief as may be
just and
circumstances.
Oa ted: July 10, 2002
and for ~~~her
pro~Qnde~\\1.. the
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"O\N
RECEIVED
JUL 1 5 2002
TOWN CLERK
DA D G. KOCH, ESQ.
Attorney for Petitioner
170 Old Country Road Suite 315
Mineola, New York 11501
(516) 294-9710
SUPREME COURT O~ THE STATE OF NEW YORK
COUNTY OF DUTCHESS
In the Mat.tee of
PETITION
Index No. <::2~M -.3:(5:8
WAPPINGERS FALLS OWNERS CORP.,
Petitioner',
-against-
THE ASSESSOR OF THE TOWN OF WAPPINGER,
LINDA TASADFOY, AND THE BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF WAPPINGER,
Respondents.
TO TaE Sa?~~~ COUaT OF Td~ STATE OF NEW YORK:
The a:>ove-named petitione:-, by his at.toC'ney, DAVID G. KOCEr,
ESQ., respectfully alleges as follows:
t. At all ~imes heC'ein mentioned, petitioner was and still is
a taxpaye~ of the municipality whose Assessoe is the
respondent
heeein
(heeeinaftee
eefeeeed
to
as
"the
assessing ju:-isdiction") and is an agg:-ieved party with
respect to ~~e assessment within ~~e meaning of S706, Real
PropeC'ty Tax Law, State of New YoC'k.
2 . The
C'esponcent. has he:et.ofoC'e pC'epaeed, completed and
peefected, puC'portedly according to law, ~1 assessment roll
for the assessing jUr'isdiction, foC' the tax yeaC' 2002/03
which assess~ent roll included an assessment for your
petitionee's eeal peopeety, desceibed in column I ~1d
assessed as set forth on page 3 in column II of the
following schedule:
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Colum I
Colum II
WAPPINGERS FALLS OWNERS CORP.
Petitioner: .
File No: D~-I-1
Colum III Colum IV Colum V
Extent
TO'tKl Wawinger Or ig inal Claimed Confirnm Unequal
Village Wappingers Falla Valuation Valuation Valuation and/or
S.D. Wappingers CSD Excessive
Map. I Page I Parcel
6158 I 19 1619142-0000 Land $ 280,000 $ .. $
Total $. 1,340,000 $ 268,000 $ 1,072,000
..
Land $ $ * $
Total $ $ .. $
Land $ $ .. $
Total $ $ .. $
Land $ $ .. $
Total $ $ * $
Land $ $ .. $
Total $ $ .. $
Land $ $ * $
Total $ $ .. $
Land $ $ .. $
Total $ $ .. $
"Same as Colunn II excep: as otherwise indicated.
-3-
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. ~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.
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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 1S more than one tax lot and assessment
herein, the word "assessment" shall mean "assessments" or "each of
the assessments",
the plural and
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.
and as used herein the singular shall include
the plural shall include the singular, as the
DAVID G. KOCH, ESQ.
170 OLD COUNTRY ROAD
MINEOLA, NEW YORK 11501
(516) 294-9710
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p:\docs\upstate\page4.S
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 (Title 1 or Title 1A) 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: 1229 Route 9, Wappingers Falls, NY
TOWN: WAPPINGER
VILLAGE: WAPPINGERS FALLS :
Map 6158, Page 19, Parcel 619142-0000
TOWN DESCRIPTION: Map 6158, Page 19,
Parcel 619142-0000
S.D.: WAPPINGERS CENTRAL SCHOOL DISTRICT
DATED: January 2, 2002
WAPPINGERS FALLS OWNERS CORP.
PETITIONER
FILE NO: D-W-I-1
BY:
/7 /]
Y-A2-A.i:'e_~/t 7L-c;;Zl c[ JL-~<-----
~ CHLl.ll, PRESIDENT OF
BOARD OF MANAGERS
1s~L ~~
Index No. <tZ()OrJ. -.8 f). 6-:8
Year 2002/03
D-W-I-l
~EW YORK STATE SUPREME COURT: COUNTY OF DUTCHESS
WAPPINGERS FALLS OWNERS CORP.,
Petitionee,
-against-
THE ASSESSOR OF THE TOWN OF WAPPINGER, LINDA TASADFOY, AND
THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF WAPPINGER,
Respondents.
NOTICE AND PETITION
DAVID G. KOCH, ESQ. Attorney for Petitionee
170 Old Country Road Suite 315
Mineola, New York 11501 (516) 294-9710
VERIFICATION
STATE OF NEW YORK, COUNTY OF NASSAU
ss. :
The undeesigned, being duly sworn, deposes and says:
that
deponent is the agent fo~ the petitionee heeein, that deponent
has eead the foeegoing petition and knows the conte~ts
theeeofi that the same is teue to deponent's own knowledge,
except as to mattees theeein stated to be alleged upon
infoemation and belief, and that as to those mattees, deponent
belieTJ'es it to be teuei and that the eeason this veeification
is made by deponent and not by petitionee is that all the
rnate~ial allegations (except those as to rnatte~s of public.
record) of said petition are within the personal knowledge of
deponent.
Swoen to before me this 10th
day of July, 2002
~~~
NOT RY PUBLIC
MARY ANNE MURPHY
Notary Public, State of New York
No. 01 MU4917674
Certified in Nassau County b
Commission Expires 1/11/200,
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