2012-204
2012-204
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding
William and Kathleen Neave
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 July 9,
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 Beale and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari
proceeding commenced in 2008,2009,2010 and 2011 by William and Kathleen Neave regarding
premises located at 80 Airport Drive, Wappingers Falls, Grid # 6259-04-687440, seeking a
reduction in the 2008,2009,2010 and 2011 tax assessments; and
WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the
petition requesting a reduction in said tax roll for all pending years; 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
2008/2009,2009/2010 and 2010/2011, as it pertains to Grid No.: 6259-04-687440.
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2008/2009
2009/2010
2010/2011
250,000
250,000
250,000
-0-
-0-
-0-
250,000
250,000
250,000
: 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
7/9/2012
The Resolution is hereby duly declared adopted.
/';~J~
CHRISTINE FULTON, TOWN CLERK
Leonard Klein
Arthur L.Gel1ert
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. RicharQson"
Elizabeth M. Corrado
... Gellert & Klein i'.c.
.. Attorneys at Law
75 Washington Street . Poughkeepsie! NY 12601
(845) 454-3250
(845) 4544652fax
Westchester (ountY Office
3010 Westchester Avenue Suite 302
Purchase.NY.1pS77
(914) 249-0100
(914) 249-0111 (ax
CblurtlbiaCounty Office
221P.Route 7
Copake. NY 12516
(S18) 32!H533 tellfax
CouMel
Stephen E Ehlers
S. Nina Gellert
Raina E. Malsselo
Justice GeOrge D.Marlow
Appellate Division (Ret.)
Senator Stephe1"l M. Saland
RobertC Vincent. Jr.
Joseph H. Gellert
(1907-1989)
www.gklaw.us
July 3,2012
*Also Admitted in CT
"Also Admitted in NJ
~Also Admitted in England
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: William and Kathleen Neave vs. Town of Wappinger
IndexNo.: 2008-15688;2009-16304; 2010-16898;2011-4704
Our File No. 27036.6229
Dear Supervisor Gutzler and Town Board Members:
Attached is a Resolution for your conside:ration regarding the te$pectivesettlement in the above
captioned tax certiorari proceeding for the pending years 2008,2009, 2010 and 2011 by William and Kathleen
Neave. This property is located at 80 Nrport Drive, Wappingers Falls, Grid No.: 6259.04-687440. In
conjunction with no reductions in the 2012 roll, the petitioner agreed to withdraw all prior proceedings.
Therefore, there will be no reduction in the assessment and therefore, no refund liability.
If you have any further questions, please do not hesitate to eontact me.
Very truly yours,
SLV\br
Ene.
cc: Christian Harkins, Assessor
Christine Fulton, Town . Clerk
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