2012-171
2012-171
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Hark
Kandr, LLC
At a regular meeting ofthe 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 Councilwoman Czarniecki and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari
proceeding commenced in 2011 by Hark Kandr, LLC, regarding premises located at 1299 Route
9, Grid No.: 6157-04-567483 and 1315 Route 9, Grid No.: 6157-02-567518, seeking reductions
in the 2011 tax assessments for the 2011/2012 tax roll; and
WHEREAS, the owners of the above mentioned parcels 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.: 6157-04-567483
Tax Year Original Assessment Reduction in Final Assessment
Assessment
2011/2012 2,150,000 -0- 2,150,000
Grid No.: 6157-02-567518
Tax YearOriginal
AssessmentReduction
in AssessmentFinal
Assessment
2011/2012 2,350,000 -0- 2,350,000
: 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, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
5/29/2012
The Resolution is hereby duly declared adopted.
C-~
CHRISTINE FULTON, TOWN CLERK
Leonard Klein
Arthur L. Gellert
John A. Geoghegan
Lillian S.Weigert
Scott L. Volkman
David R. Wise'"
Roderick J. Macleod
Bevin S. Harrington
Kelly L. Traver'"
RobertE.Noe
Pamela B. Richardson"
EllzabethM. Corrado
.... Gellert & Klein, l',C
.. Attorneys at Law
7S Washington Street. Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652fax
Westchester County Office
3010 Westchester Avenue Suite 302
Purchase, NY 10577
(914) 249-0100
(914) 249-0111 fax
Columbia County Office
:2210 Route 7
Copake, NY 1.2516
(518) 329-1533tel/fax
Counsel
Stephen E. Ehlers
S. Nina Gellert
Raina E.Maissel$
Justice George D. Marlow
Appellate Division (RE>t.)
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
www.gklaw.us
May 22~ 2012
"Also Admitted inCT
~lso.Admitted inNJ
~ Also Admitted in England
Town Board
Town of Wappinger
20 Middlebusb Road
WappingersFalls, NY 12590
Re: Hark Kandt, LLCvs. Town of Wappinger
Our FileNo. 27860.1729
Dear SupervisorGutzler and Town Board Members:
Attached isa Resolution foryour consideration regarding therespectivesettlemen.ts in the above
captioned tax certiorari proceedings for the sole pendingy~of2011, by Hark Kandr, LLC. This is the
property is located at 1299 Route 9 and 1315 Route 9. In anticipation of the settlementbefore the 2012 Board
of Assessment Review process, the petitioner agreed to withdraw their prior proceedings. Therefore, there will
be .no reduction in the 2011 assessment and therefore, no refund liability.
If you have any further quesuons,please do not hesitate to contact me.
Very truly yours,
v~
SLV\br
Ene.
SCOTIL VOLKMAN
cc:
Christian Harkins, Assessor
Christine Fulton, Town Clerk
F:\USER\clients\W\Wappinger. Town\Tax Certs\HlU'k-Kandr\20U taxcert\ltr to TB w resolutoin withdrawing tax em wpd