Hoeventure LLC
GERARD J. PISANELLI
ATTORNEY AT LAW
2 CANNON STREET
POUGHKEEPSIE, NEW YORK
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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In the Matter of the Application of
HOEVENTURE, L.L.C.,
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Index No. ~ U ..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,
RECEiVED
JUL 1 1 2002
.....,
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TOWN CLE~
,
Respondents.
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For a review under Article 7 of the
Real Property Tax Law of the State of
New York of the 2002 assessments of
certain real property situated in
Respondent Municipal Corporation,
located in the County of Dutchess
and State of New York.
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SIRS:
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PLEASE TAKE NOTICE, that upon the annexed Petition of
HOEVENTURE, with respect to property described and referred
to therein, in the Town of Wappinger, New York, verified the
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,
day of July, 2002, 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 19th day
of August, 2002 at 9:30 o'clock in the forenoon of that day,
or as soon thereafter as counsel can be heard to review the
assessment made in the year 2002 for the tax year 2002-2003
GERARD J. PISANELLI
ATTORNEY AT LAW
2 CANNON STREET
"OUGHKEEPSIE, NEW YORK
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 q
2002
Yours, etc.,
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GERARD'J. PISANELLI, ESQ.
Attorney for Petitioner
Office and P.O. Address
2 Cannon Street
Poughkeepsie, New York 12601
Tel. No. (914) 471-3330
To: Assessor of the Town of Wappinger
The Town of Wappinger
Town of Wappinger Board of Review
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Wappingers Central School District
GERARD J. PISANElLl
ATTORNEY AT LAW
2 CANNON STREET
POUGHKEEPSIE, NEW YORK
, I
I
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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.
For a review under Article 7 of the
Real Property Tax Law of the State of
New York of the 2002 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 name of the owner thereof;
and on or before that date assessed all the real property
GERARD J PISANELLI
ATTORNEY AT LAW
2 CANNON STREET
POUGHKEEPSIE, NEW YORK
situated therein not exempt by law from taxation and made,
prepared and completed the tentative 2002 assessment rolls
for the tax year 2002-2003 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
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
GERARD J. PISANELLI
ATTORNEY AT LAW
2 CANNON STREET
'OUGHKEEPSIE, NEW YORK
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 I, 2002, 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
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I same to his Clerk.
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SIXTH:
That the final assessment of Petitioner's real
property is erroneous by reason of inequality, 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
GERARD J. PISANELLI
ATTORNEY AT LAW
2 CANNON STREET
'OUGHKEEPSIE, NEW YORK
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
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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 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 review
all and singular, the proceedings, decisions and actions of
GERARD J. PISANELLI
ATTORNEY AT LAW
2 CANNON STREET
OUGHKEEPSIE. NEW YORK
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
!i of experts and attorneys.
Dated: JUlY~2002
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GERARD J. .:PISANELLI, ESQ.
Attorney for Petitioner
Office and P.O. Address
2 Cannon Street
Poughkeepsie, N.Y. 12601
Tel. No. (914) 471-3330
:1
GERARD J PISANELLI
ATTORNEY AT LAW
2 CANNON STREET
POUGHKEEPSIE, NEW YORK
Original
Assessed
Valuation
$609,800
HOEVENTURE, LLC.
THE TOWN OF WAPPINGER
TAX I.D. 6158-14-491476
Claimed
Valuation
$354,890
Confirmed
Valuation
$609,800
Extent of Inequality
and/or Overvaluation
$254,910
S C H E D U L E II A "
GERARD J PISANElLl
ATTORNEY AT LAW
2 CANNON STREET
JUGHKEEPSIE, NEW YORK
STATE OF NEW YORK
COUNTY OF DUTCHESS
SS. :
POLLY DIANE HOE, 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.
Sworn to bef~r~ me this
J lid day o?l~ 2002
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NOTARY 5fBLIC
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POLLY D ANE HOE
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NOT AFI 'r I "TE OF NY
Reo. iJ, . 501601
Qualified j~l lC!lflSS County
Commission Expires April 30,20 0 ~