2002-133Apr 18 02 05:08p GELLERT & CUTLER,P.C. 814-248-0111 p.2
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RESOLUTION NO. 13 2002
RESOLUTION TO AUTHORIZE REDUCTION IN TAX ASSESSMENT
The following Resolution was introduced by Mr. Valdati
and seconded by Mr. Bettina
WHEREAS, TGS Associates by their attorney Gerard J. Pisanelli, Esq.,
commenced an action against the Town Of Wappinger in each of the three (3) tax years
1999, 2000, and 2001 seeking a reduction in assessment in each of those yearn and
WHEREAS it has been determined that it is In the best interest of the Town
of Wappinger to resolve such three claims in arcordance with the Order and Judgment
Reducing Assessment on Stipulation which reduces the assessed valuation: ( i ) in tax
year 2000 from $1,150,000, to $700,000.; and ( ii ) in tax year 2001 from $1,150,000. to
$650,000.; and further contingent upon the discontinuance of the proceedings pending
for tax year 1999.
NOW, THEREFORE, BE IT RESOLVED, that Emanuel F. Saris, Special
Counsel to the Town of Wappinger for Tax Certiorari mattors, Is authorized to sign
the attached Order and Judgment Reducing Assessments on Stipulation on behalf
of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows.
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting _Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COSEY, Councilman Voting _e
Dated; W fingers Falls, New York
c�
.2002
The Resolution is hereby duly declared adopted.
a
GLOBI J. MORS ,
N RK
At an IAS part of the Supreme Court
of the State of New York, for the
County of Dutchess held at White
Plains, New York on the
day of 12002
PRESENT:
HON. PETER P. ROSATO,
J.S.C.
------------------------------------------------X
In the, Matter of the Application of
TGS ASSOCIATES,
Plaintiff,
-against-
THE TOWN OF WAPPINGER, A Municipal
Corporation, its Assessor and
Board of Review, and WAPPINGERS CENTRAL
SCHOOL DISTRICT,
Respondents.
F
ORDER and JUDGMENT
REDUCING ASSESSMENTS
ON STIPULATION
TAX MAP NO.: 6158-19-721014
Index #:1999/3299
2000/3356
2001/3623
Upon reading and filing this Stipulation, signed by the attorneys for the
respective parties hereto, which Stipulation provides for the settlement and
discontinuance of certain proceedings brought by the petitioner to review the tax
assessment fixed and imposed by the Town of Wappinger for the assessment years
1999, 2000 and 2001, for purposes of taxation upon certain real property located at
Route 9, Town of Wappinger, more particularly described by tax map no. 6158-19-
721014 and due deliberation having been had thereon,
NOW, on motion of GERARD J. PISANELLI, ESQ., counsel for the
Petitioner, it is
0
ORDERED, ADJUDGED AND DECREED that the assessment of the.
petitioner's property upon the assessment roll of the Town of Wappinger, be and
hereby is reduced, corrected and fixed as follows:
Assessed Valuation
Assessment Reduced from Reduced to Amount of Reduction
Year
2000 $1,150,000 $700,000 $450,000
2001 $1,150,000 $650,000 $500,000
and it is further
ORDERED, ADJUDGED AND DECREED that the proceedings pending for
the 1999, tax year pertaining to Tax Map No. 6158-19-721014 be and the same is
hereby discontinued; and it is further
ORDERED, ADJUDGED AND DECREED that the allocations between land
and improvements of said assessment, as reduced shall be left to the sole discretion
of the Assessor of the Town of Wappinger; and it is further
ORDERED, ADJUDGED AND DECREED that the officer or officers having
custody of the assessment roll upon which the above mentioned assessment and
any taxes levied thereon is entered shall correct said entry in conformity with this
Order and Judgment on Stipulation and shall note upon the margin of said roll,
opposite said entry, that the same has been corrected by the authorization of this
Order and Judgment on Stipulation; and it is further
ORDERED, ADJUDGED AND DECREED that there shall be audited, allowed
and paid to the Petitioner by the Dutchess County Commissioner of Finance and by
the Town of Wappinger the amounts paid by petitioner as Town taxes, and taxes
relating to any special taxing district for which the Town collects such taxes as
appropriate, against the original assessment in excess of what the taxes would have
been if said assessment made in the aforesaid year had been made as determined
by this Order and Judgment, together with the proportionate share of any interest of
only said excess taxes as provided by Section 726 of the Real Property Tax law,
provided, however, if said refund is paid by the Town of Wappinger within sixty (60)
days of service upon the Town of Wappinger of a copy of the Order entered hereon
together with a Demand for Payment said refund shall be paid without interest; and it
is further
ORDERED, ADJUDGED AND DECREED that there shall be audited, allowed
and paid to the petitioner by the Wappinger Central School District, the amount paid
by the petitioner as school taxes against the original assessment in excess of what
the taxes would have been if the assessment made in the aforesaid year had been
made as herein determined by this Order and Judgment on Stipulation, together with
the proportionate share of any interest of only said excess taxes as provided by
Section 726 of the Real Property Tax Law provided, however, if said refund is paid
by the Wappinger Central School District within sixty (60) days of service upon the
Wappinger Central School District a copy of the Order entered hereon together with
a Demand for Payment said refund shall be paid without interest; and it is further
ORDERED, ADJUDGED AND DETERMINED, that the Commissioner of
Finance of Dutchess County, State of New York be and is hereby directed and
authorized to audit, allow and pay to the petitioner the amounts, if any, of County,
Judiciary, Sewer or other special district taxes for which the County collects such
taxes, which were paid by the petitioner as taxes against the said original
assessments in excess of what the taxes would have been if the said assessment
made in the aforesaid year had been made as determined by this Order and
Judgment, together with the proportionate share of any interest of only said excess
taxes as provided by Section 726 of the Real Property Tax Law provided, however, if
said refund is paid by the Commissioner of Finance of Dutchess County within sixty
(60) days of service upon the Commissioner of Finance of Dutchess County of a
copy of the Order entered hereon together with a Demand for Payment and proof of
payment of said taxes, said refund shall be paid without interest; and it is further
ORDERED, ADJUDGED and DECREED that any payments hereinabove
directed to be made by respondents, The Town of Wappinger, and/or any of the
various taxing authorities, be made by check or draft, payable to the order of
Gerard J. Pisanelli, Esq., as attorney for the petitioner; and it is further
ORDERED, ADJUDGED and DECREED that, if applicable, Petitioner may
request a corrected bill from the Commissioner of Finance in accordance with this
Order and Judgment Reducing Assessments on Stipulation; and it is further
ORDERED, ADJUDGED and DECREED that this Order and Judgment
hereby constitutes and represents full settlement of the tax review proceedings
herein, and that there are no costs or allowances or interest awarded to, by or
against any party and that upon compliance with the terms of this Order and
Judgment the above entitled proceedings be and the same are settled and"
discontinued with prejudice.
Dated: 2002
White Plains, New York
ENTER:
HON. PETER J. ROSATO
Consented to:
GERARD J. PISANELLI,ESQ.
Attorney for Petitioner
EMANUEL F. SARIS, ESQ.
Attorney for Town of Wappinger