2011-3402011-340
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Cross
Court Associates
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 October
24, 2011.
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
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceeding commenced in 2007 and 2008 by Cross Court Associates, regarding Grid No. 6158-
01-081999, seeking a reduction in the 2007 and 2008 tax assessment for those respective tax
rolls; 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 vears 2007 and 2008. as it pertains to C'Trid Nn Al U -M _0Q1000 .,-
Tax Year
- ------'----
Original Total
�
Revised Total
vl//l, UJ 1V11VW3.
Reduction
Assessment
Assessment
2007
$4,600,000
$3,460,000
$1,140,000
2008
$4,600,000
$3,260,000
$1,340,000
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 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
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
10/24/2011
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, DEPUTY TOWN CLERK
MOU Gellert & Klein, Pc
Leonard Klein
Attorneys at Law
Arthur L. Gellert
John A. Geoghegan
75 tNashington street • Poughkeepsie, NY 12661
Lillian S. Weigert
(845) 4.54-3250
Scott L. Volkman
David R. Wise"
(845) 454-4652 fax
Roderick J. MacLeod
Bevin S. Harrington
Kelly L. Traver*
Robert E. Noe
Westchester County Office Columbia County Office
Parrrela B. Richardson'
-3010 Westchester Avenue Suite 302 2Z1{) Route 7
Elizabeth M. Corrado
Purchase, NY 10577 Copake, NY 12516
{914} 249-0100 {,518} 379-1533 tel/fax
(914) z49-0111 fax
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
www.gklaw.us
October 13, 2011
Counsel
Stephen E. Ehlers
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 N-)
9Mo Admitted in England
Re: Cross Court Associates vs. Town of Wappinger
Index No.: 2007-5453; 2008-5685
Our File No.: 27036.3229
Dear Supervisor Gutzler and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
assessment years of 2007 and 2008. There is one parcel of land located at 204 New Hackensack
Road that comprises a Tennis Complex. We have negotiated a settlement of the above referenced
proceeding by reducing the assessment from $4,600,000 to $3,460,000 for 2007 and reducing
the assessment from $4,600,000 to $3,260,000 for 2008. The 2009 tax assessment had
previously been reduced to $3,060,000. Since we have a 100% equalization rate that reflects fair
market value. The Assessor will provide you with a recommendation and a refund analysis for
your consideration. Additionally, refunds will be payable without interest if paid within 60 days.
I enclose herewith a Resolution for your consideration at the October 24, 2011, Town
Board meeting. Your favorable consideration at that time, would be greatly appreciated.
Very truly yours,
GELL & N C BY -SCOTT VOLKMAN
SLV/br
Enc.
cc: Christian Harkins, Assessor
Christine Fulton, Deputy Town Clerk
Daniel Petigrow, Esq.
FAUSER\clientsMWappinger - Town\Tax Certs\Cross Court Assoc\10-13-11 tr to TB w
RE i
OCT 1, 7 2011
TOWN OF WAPPINGER
Pd TOWN CLERK