2012-169
2012-169
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding 1070-
1072 Route 9, LLC
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 May 29,
2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari
proceeding commenced in 2011 by 1070-1072 Route 9, LLC, regarding premises located at
1070-1072 Route 9, Grid # 6156-02-800910, seeking a reduction in the 2011 tax assessment for
the 2011/2012 assessment; and
WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the
petition requesting a reduction in said tax roll reduction; 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 year 2011/2012, as it pertains to Grid No.: 6156-02-800910.
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2011/2012
2,600,000
-0-
2,600,000
:and
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert
& Klein, P.C. Special Counsel to the Town of Wappinger hereby authorize 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
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCILWOMAN
MICHAEL KUZMICZ, COUNCILMAN
Dated: Wappingers Falls, New York
5/29/2012
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
The Resolution is hereby duly declared adopted.
(!.ftub'-mx(~
CHRISTINE FULTON, TOWN CLERK
Leonard Klein
Arthur L Gellert
John A. Geoghegan
Lillian S. Weigert
Scott L Volkman
David R. Wise*
Roderick). Macleod
Bevin S. Harrington
Kelly L Traver"
Robert E. Noe
Pamela B. Richardson '"
Elizabeth M. Corrado
.... G... ellert & Klein.Foe
ilia Attorneys at Law
75Vv'ashington Street-Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Westchestl"rCounty Offic~
301 o Westchester Avenue SUite 302
Purchase, NY 10577
(914) 249-01OQ
(914) 249-0111 fax
Columbia County Office
2210 Route 7
Copake,NY 12516
(518) 329~1533teVfax
www.gklaw.us
May 22, 2012
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: 1070-1072 Route 9, LLC vs. Town of Wappinger
Our File No. 27860.1529
Dear Supervisor Gutzler and Town Board Members:
Counsel
Stephen E. Ehlers
S. Nina Gellert
Raina E. Maissel~
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M. Salancl
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
'Also Admitted in CT
"'Also Admitted in NJ
~AlsoAdmitted in England
Attached IS a Resolution for your consideration regarding the respective settlement in the above
captioned tax certiorari proceeding for the sole pending year of 2011, by 1070-1072 Route 9, LLC. This is the
property is located at 1070-1 072 Route 9. In anticipation of the settlement during the 2011 Board of
Assessment Review process, the petitioner agreed to withdraw their prior proceeding. Therefore,there will be
no reduction in the 2011 assessment and therefore, no refund liability.
If you have any further questions, please do not hesitate to contact me.
Very truly yours,
SLV\br
Enc.
cc: Christian Harkins, Assessor
Christine Fulton, Town Clerk
F:\USER\clienlS\W\ Wappinger - Town\TaxCettS\l 070-1 072 Rt 9 LLC\ltr to TB wresolutoin withdrawing tax cert.wpd