2011-3412011-341
Resolution Authorizing the Settlement of the Certiorari Proceeding Regarding Forecloser
Sales, Inc
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October
24, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceeding commenced in 2009, 2010 and 2011 by Foreclosure Sales, Inc., regarding Grid No.
6158-15-517273-0000, seeking a reduction in the 2009 through 2011 tax assessment for those
respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this
tax review proceeding;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review
proceeding for the years 2009 through 2011, as it pertains to Grid No.: 6158-15-517273-0000, as
follows:
Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2009
$280,000
$250,000
$30,000
2010
$280,000
$250,000
$30,000
2011
$280,000
$2409000
1$40,000
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert
& Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action
necessary and appropriate to effectuate the terms of this resolution.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
10/24/2011
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, DEPUTY TOWN CLERK
fM Gellert & Klein, P.0
Leonard Klein Attorneys at Law
75 Washington Street • Poughkeepsie, NY 12601
(84S) 454-3250
(845) 454-4652 fax
Westchester County Office Columbia County Office
3010 Westchester Avenue Suite 302 2210 Route 7
Purchase, NY 10577 Copake, NY 12516
(914) 249-0100 (518) 329-1533 tel/fax
(914) 249-0111 fax
www.gklaw.us
Arthur L. Gellert
Jahn A. Geoghegan
Lillian S. Weigert
Scott L. Volkman
David R. Wise*
Roderick J. MacLeod
Bevin S. Harrington
Kelly L.Traver*
Robert E. Noe
Pamela B. Richardson'
Elizabeth M. Corrado
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
September 30, 2011.
Re: Foreclosure Sales, Inc. vs. Town of Wappin
Grid No.: 6158-15-517273-0000
Our File No.: 27036.7329
Dear Supervisor Gutzler and Town Board Members:
Counsel
Stephen E. Ehlers
S. Nina Gellert
Raina E. MaisselO
Justice George D. Marlow
Appellate Division (Ret)
Senator Stephen M. 5aland
Robert C. Urcent, Jr.
Joseph H. Gellert
(1907-1989)
"Also Admitted In CT
'Also Admitted in NJ
0Also Admitted in England
GaCC�CQW D
OCT 1.7 2011
TOWN OF WAPPINGER
TOWN CLERK
Please be advisedthat the above referenced proceeding is a Tax Certiorari matter for tax years
2009 through 2011. This property is owned by Foreclosure Sales, Inc. located at 1609 Route 9. There
is a dry cleaning service on the premises. We have negotiated a settlement of the above -referenced
proceedings by reducing assessments from $280,000 to $250,000 in 2009 and 2010 and down to
$240,000 in 2011. The property was acquired in 2007 for $242,000.00.
Since we have 100% equalization rate the settlement figures reflect fair market value. The
Assessor will provide you with a recommendation of a refund analysis for your consideration.
Additionally, refunds that are paid within 60 days are interest free.
I enclose herewith a resolution for your consideration at the next available Town Board
meeting. Your favorable consideration at that time would be greatly appreciated.
SLV/br
Enc.
cc: Christian. Harkins, Assessor
Christopher Masterson, Town Clerk
Daniel Petigrow, Esq.
Kyle W. Barnett, Esq.
Very truly
FAUSER\ciients\W\Wappinger- Town\Tax Certs\Forecloswe Sales\9-30-11 Itr to Town Board w settlement docs.wpd