2013-1182013-118
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding
Phantom Hollow Equities
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 Apri18,
2013.
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
Michael Kuzmicz
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax
certiorari proceeding commenced in 2010, 2011 and 2012 by Phantom Hollow Equities, Inc.,
regarding real property located at Eck Road, bearing Grid # 6257-03-071167-0000, Eck Road,
bearing Grid # 6257-03-206277-0000 and Cedar Hill Road, bearing Grid # 6257-03-267342-
0000 seeking a reduction in the 2010, 2011 and 2012 tax assessments for their respective tax
rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
these tax review proceedings;
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
proceedings for the years 2010, 2011 and 2012, as it pertains to Grid # 6257-03-071167-0000,
Grid # 6257-03-206277-0000 and Grid # 6257-03-267342-0000:
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Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2010/2011 250,000.00 162,000.00 88,000.00
2011/2012 250,000.00 162,000.00 88,000.00
2012/2013 250,000.00 150,000.00 100,000.00
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Tax YearOriginal
Total
AssessmentRevised
Total
AssessmentReducti
on
2010/2011 175,000.00 130,000.00 45,000.00
2011/2012 175,000.00 130,000.00 45,000.00
2012/2013 175,000.00 127,000.00 48,000.00
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Tax YearOriginal
Total
AssessmentRevised
Total
AssessmentReducti
on
2010/2011 200,000.00 145,000.00 55,000.00
2011 /2012 200,000.00 145,000.00 55,000.00
2012/2013 200,000.00 132,000.00 68,000.00
and
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Scott L.
Volkman, Esq., 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
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
4/8/2013
The Resolution is hereby duly declared adopted.
STINE FULTON, TOWN CLERK