2010-0672010-67
Resolution Authorizing Settlement of Tax Certiorari - F.P.A. Star, 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 January 25, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called,
the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
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 a tax certiorari
proceeding commenced in 2009, by F.P.A. Star, Inc., regarding premises located at 2342 Route 9D, Grid
# 6157-01-034604-0000, seeking a reduction in the 2009 tax assessment for the 2009/2010 tax roll; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax
review proceeding
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger
does hereby approve a settlement on behalf of the Town of Wappinger of the tax review proceeding for
the year 2009, as it pertains to Grid No.: 6157-01-034604-0000.
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2009/2010 150,000 75,000 75,000
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 actions
necessary and appropriate to effectuate the terms of this resolution.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, 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
1/25/2010
The Resolution is hereby duly declared adopted.
QL r ul � ---,
J51 -IN C. MASTERSON, TOWN CLERK
Gellert & Klein, P.0
75 Washington Street •Poughkeepsie, NY 12601
(845) 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 tet/fax
(914)249-0111 fax
www.gklaw.us
January 18, 2010
Leonard Klein
Attorneys at Law
Arthur L. Gellert
Stephen E. Ehlers
John A. Geoghegan
Lillian S. Weigert
Scott L. Volkman
David R. Wise'
Roderick J. MacLeod
Bevin S. Harrington
Kelly L Traver "
Daniel H. Stock
Pamela B. Richardson •
Laura E.Vincenzi
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls,
Re: FPA Star, Inc. vs. Town of Wappinger
File No.: 27036.8329
Dear Supervisor Colsey and Town Board Members:
Counsel
S. Nina Gellert
Raina E. Maissel°
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
`Also Admitted in CT
•Also Admitted in NJ
*Also Admitted in England
The premises located at 2342 Route 9D in the Town of Wappinger is an older property in
poor condition, which is used for storage. It was sold in June 2009 for $50,000.00. The property
was assessed at $150,000.00 and the settlement has been agreed upon for a reduction in the
assessment to $75,000.00.
This involves one year only the 2009/2010 tax year. So this will involve a refund which
is administered by the County if the taxes have been paid for 2010. The Assessor will provide a
refund analysis for your consideration. Please note that the refund is payable without interest, if
paid within 60 days of the execution of the final Order.
It is my recommendation, along with the Assessor that the Board favorably consider this
settlement. If you have any questions, please do not hesitate to contact myselof or the Assessor.
SLV/br
Enc.
cc: Christian Harkins, Assessor
Christopher Masterson, Town Clerk
TOWN OF WAPPINGER
TOWN BOARD RESOLUTION
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari
proceeding commenced in 2009, by F.P.A. Star, Inc. regarding premises located at 2342 Route
9D, Grid # 6157-01-034604-0000, seeking a reduction in the 2009 tax assessment for the
2009/2010 tax roll; 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 does hereby approve a
settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2009,
as it pertains to Grid No.: 6157-01-034604-0000.
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2009/2010 150,000 75,000 75,000
: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.
January25, 2010