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2011-3412011-341 Resolution Authorizing the Settlement of the Certiorari Proceeding Regarding Forecloser Sales, 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 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 Beale and seconded by Councilman Bettina. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2009, 2010 and 2011 by Foreclosure Sales, Inc., regarding Grid No. 6158-15-517273-0000, seeking a reduction in the 2009 through 2011 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on 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 years 2009 through 2011, as it pertains to Grid No.: 6158-15-517273-0000, as follows: Tax Year Original Total Assessment Revised Total Assessment Reduction 2009 $280,000 $250,000 $30,000 2010 $280,000 $250,000 $30,000 2011 $280,000 $2409000 1$40,000 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 fM Gellert & Klein, P.0 Leonard Klein Attorneys at Law 75 Washington Street • Poughkeepsie, NY 12601 (84S) 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 tel/fax (914) 249-0111 fax www.gklaw.us Arthur L. Gellert Jahn A. Geoghegan Lillian S. Weigert Scott L. Volkman David R. Wise* Roderick J. MacLeod Bevin S. Harrington Kelly L.Traver* Robert E. Noe Pamela B. Richardson' Elizabeth M. Corrado Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 September 30, 2011. Re: Foreclosure Sales, Inc. vs. Town of Wappin Grid No.: 6158-15-517273-0000 Our File No.: 27036.7329 Dear Supervisor Gutzler and Town Board Members: Counsel Stephen E. Ehlers S. Nina Gellert Raina E. MaisselO Justice George D. Marlow Appellate Division (Ret) Senator Stephen M. 5aland Robert C. Urcent, Jr. Joseph H. Gellert (1907-1989) "Also Admitted In CT 'Also Admitted in NJ 0Also Admitted in England GaCC�CQW D OCT 1.7 2011 TOWN OF WAPPINGER TOWN CLERK Please be advisedthat the above referenced proceeding is a Tax Certiorari matter for tax years 2009 through 2011. This property is owned by Foreclosure Sales, Inc. located at 1609 Route 9. There is a dry cleaning service on the premises. We have negotiated a settlement of the above -referenced proceedings by reducing assessments from $280,000 to $250,000 in 2009 and 2010 and down to $240,000 in 2011. The property was acquired in 2007 for $242,000.00. Since we have 100% equalization rate the settlement figures reflect fair market value. The Assessor will provide you with a recommendation of a refund analysis for your consideration. Additionally, refunds that are paid within 60 days are interest free. I enclose herewith a resolution for your consideration at the next available Town Board meeting. Your favorable consideration at that time would be greatly appreciated. SLV/br Enc. cc: Christian. Harkins, Assessor Christopher Masterson, Town Clerk Daniel Petigrow, Esq. Kyle W. Barnett, Esq. Very truly FAUSER\ciients\W\Wappinger- Town\Tax Certs\Forecloswe Sales\9-30-11 Itr to Town Board w settlement docs.wpd