2012-205
2012-205
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Locust
Tree Residential Properties, 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 July 9,
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 Beale and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari
proceeding commenced in 2011 by LOCUST TREE RESIDENTIAL PROPERTIES, LLC,
regarding premises located at 80 Airport Drive, Grid # 6259-04-679493, seeking a reduction in
the 2011 tax assessment for the 2011/2012 tax assessment roll; and
WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the
petition requesting a reduction in said tax roll reduction; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of
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 year
2011/2012, as it pertains to Grid No.: 6259-04-679493.
Original Reduction in
Assessment Assessment
Final
Assessment
Tax Year
2011/2012
1,000,000
-0-
1,000,000
: and
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert
& Klein, P.C. Special Counsel to the Town of Wappinger hereby authorize 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
Dated: Wappingers Falls, New York
7/9/2012
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
The Resolution is hereby duly declared adopted.
~~/~
. STINE FU" ON, TOWN CLERK
Leonard Klein
Arthur L. Gellert
John A. Geoghegan
Lillian S. WeIgert
ScottL Volkman
David R. Wise*
Roderick J. Macleod
Bevin S. Hatrington
Kelly L. Traver*
Robert E Nee
Pamela 8, Richardson &
Elizabeth M, Corrado
... G.ellert & Klein P.G
r.IIIII Attorneys at Law
75 Washington Street- Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652fax
Wlestchester (OUlltY 9fflce
3010 Westchester Avenue Suite 302
Purchase. NY 10577
(914) 249-0100
(914) 249-01 nfax
(olurnbia(ounty Office
2210 Route 7
CQpake, NY 12516
(518) 329-153.Hellfax
Counsel
Stephen E Ehlers
S. Nina Gellert
Raina E. Maisselo
Justice George D. Marlow
Appellate Division (Req
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Joseph H, Gellert
(1907-1989)
www.gklaw.us
July 3, 2012
"Also Admitted in CT
&Also Admitted in NJ.
fAlso Admitted in England
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Locust Tree Residential Properties, LLC vs. Town of Wappinger
Index No.: 2011-4702
Our File No. 27860.2329
Dear Supervisor Gutzler and Town Board Members:
AtW-ched is a Resolution for your consideration regarding the respective settlement in the above
captioned tax certiorari proceeding for the sole pending year of2011, by Locust Tree Residential Properties,
LLC. This is the property is located at 80 Airport Drive; Therefore, there will be no. reduction in the assessment
and therefore, no refund liability. There was no. reductio.n agreed to for 2012.
If you have any further questions, please do not hesitate to conta.ctme.
Very truly yours,
GELLERT & KLEIN,
BY:
P.C. a
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cc: Christian Harkins, Assessor
Christine Fulton, To.wn Clerk
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SCOTT L.VOLKMAN
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