2012-301
2012-301
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding ZVI
Segal
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
November 13,2012.
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 Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2011 and 2012 by ZVI SEGAL regarding premises located at
Sherwood Heights, Grid # 6258-04-842137 seeking a reduction for the 2011 and 2012 tax
assessments for the 2011 and 2012 tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on
these tax review proceedings; 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 proceedings for the years 2011
d 2012 't rt' t G'd N 6258 04 842137
an , as 1 pe ams 0 n 0.: - -
Tax Original Total Revised Total Reduction
Assessment Assessment
2011 142,000 125,000 17,000
2012 142,000 115,000 27,000
:and
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
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
11/1312012
The Resolution is hereby duly declared adopted.
L~~('- .
CHRISTINE FULTON, TOWN CLERK
Leonard Klein
Arthur L Gellert
John A. Geoghegan
Scott L. Volkman
David R. Wlse~
Roderick J MacLeod
Kelly L Traver"
Keith G.lngDer
Robert E Noe
John J. Evans
Pamela B Richardson.
Elizabeth M Corrado
Gellert & Klein,p.c.
Attorneys at Law
75 Washington Street. Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Counsel
Stephen E. Ehlers
S. Nina Gellert
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M Saland
Robert C. Vincent, Jr.
Lillian S. Weigert
Joseph H Gellert
(1907-1989)
Westchester County Office
3010 Westchester Avenue Suite 302
Purchase, NY', 0577
(914) 249-0100
(914) 249-0111 fax
"Also Admitted in CT
.Also Admitted in NJ
wwwgklaw.us
October 16, 2012
Town Board
Town of Wappinger
20 Midd1ebush Road
Wappingers Falls, NY 12590
Re:
,,_... ~
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I tf)CT ;.pJ. ~..2{) 1;)
! .Jl~
I 'ff~WN OF WAP~~N . '.
ZVI SEGAL vs. Town of Wapping' ~O VIIN .CU=RVG5{l.
Our FileNo.: 27860.1829 -"'\";. :::z.~. I
Dear Supervisor GutzIer and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
assessment years of2011 and 2012. There one (1) vacant parcel ofland located at Sherwood
Heights Grid No.: 6258-04-842137. The A.ssessor and I have negotiated a settlement of the
above referenced proceeding by reducing the assessment from $142,000 to $125,000 for 2011
and reducing the assessment from $142,000 to $115,000 for 2012. 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 next Town Board meeting.
Your favorable consideration at that time, would be greatly appreciated.
--
SL V Ibr
Ene.
cc: Christian Harkins, Assessor
Christine Fulton, Town Clerk
F:\USER\clients\W\Wappinger - Town\Tax CertslZVI Segal\IO.16-12 tr to TB w resolution.wpd