2017-177 2017-177
Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding 93
Nyrpt, Llc F/K/A The Randall Benderson 1993-1 By Huff Wilkes, L.L.P. Agent
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
November 27, 2017.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2017-177
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
El Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax
certiorari proceeding commenced in 2013, 2014, 2015, 2016 and 2017 by 93 NYRPT, LLC
F/K/A THE RANDALL BENDERSON 1993-1 TRUST regarding real property located at 1701
Route 9, Wappinger, New York, Grid 4 6158-10-497508, seeking a reduction in the 2013, 2014,
2015, 2016 and 2017 tax assessments for their respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
this 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 year 2013,
2014, 2015, 2016 and 2017 as it pertains to:
Grid 4 6158-10-497508
Year Original Total Revised Total Reduction
Assessment Assessment
2013 $5,000,000 $4,000,000 $1,000,000
2014 $5,000,000 $4,000,000 $1,000,000
2015 $5,000,000 $4,000,000 $1,000,000
2016 $5,000,000 $4,000,000 $1,000,000
2017 $5,000,000 $4,000,000 $1,000,000
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 including the trailing year of 2017.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
11/27/2017
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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