2012-173
2012-173
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding
Wappinger RE, LLC
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 May 29,
2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2010 and 2011 by Wappinger RE, LLC regarding premises located at
Cranberry Hills Parcel Myers Comers Road, Grid # 6158-04-951382 seeking a reduction for the
2010 and 2011 tax assessments for the 2010/2011 tax roll; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on
this tax review proceeding;
NOW, THREFORE 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
d' fi th 2010 d 2011' . Grid N 6158 04 951382
procee mgs or e years an , as It pertams to 0.: - -
Tax Original Total Revised Total Reduction
Assessment Assessment
2010/2011 4,892,700 2,200,000 2,692,700
2011/2012 4,892,700 2,000,000 2,892,700
: and
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
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
ABSTAIN
AYE
AYE
AYE
Dated: Wappingers Falls, New York
5/29/2012
The Resolution is hereby duly declared adopted.
~
~..~
~STINE FUii , TOWN CLERK
Leoniud Klein
Arthur L.Gellert
John A Geoghegan
Lillian S. Weigert
Scott L Volkman
DaVid. R. Wise"
RoderickJ. Macleod
Bevin S. HarringtOn
Kelly L. Traver"
Robert E. Noe
Pamela B. Richardson.
Elizabeth M. Corrado
... .. ... Geller.t &.... Klein,p.c
Attorneys at Law
75 Washington Street. Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Westchester County Office
301 OWestchesJ:er Avenue Suite 302
Purchase, NY 10577
(914) 249-0100
(914) 249-0111 fax
ColumbiaC01.lnty Office
2210 Route 7
Copake, NY 12516
(518)329.1533teJ!fax
Counsel
Stephen E. Ehlers
S. Nina Gellert
Raina E. Maissel9
Justice George D. Marlow
Appellate Division (RetJ
Senator Stephen M. Saland
Robert C Vincent,Jr.
Joseph H. Gellert
(1907-1989)
www.gklaw.us
May 21,2012
"Also Admitted In CT
AAlso Admitted in NJ
~ Also Admitted in England
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re:
WappingerRE, LLS,LLC.vs. Town of Wappinger
Our File No.: 27036..9429
Dear Supervisor Gtitz1er .and Town Board Me:mbers:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
assessment years of 2010 and 2011. There is one (1) vacant parcel ofland located at Cranberry
Hills, located on Myers Comers Road, GridNo.: 6158-04-951382. We have negotiated a
settlement of the above referenced proceeding by reducing the. assessment the settlement in 2010
from $4,892,700 to $2,200,000 and on2011 from $4,892,700 to $2,000,000.
. Since we have a 1 00% equalization rate tbat reflects fair market value. The Assessor will
provide you with. a reco:mmendationanda refund analysiS iory-our consideration. Additionally,
refunds will be Payable without interest if paid within 60day~.
Very truly yours,
,
SLVlbr
Ene.
cc.: Christian Harkins, Assessor
Christine Fulton, Town Clerk
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