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File No. 56381
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-X
In the Matter of the Application of
JPMORGANCHASE, STIPULATION PURSUANT
TO RPTL SECTION 718
Petitioner, Section: 38
Block: 153
-against- Lots: 45, 46
THE BOARD OF ASSESSORS AND/OR THE Index No. Writ No. Tax Year
ASSESSOR OF THE COUNTY OF NASSAU AND 405121/2017 201501893 2014/15
THE BOARD OF ASSESSMENT REVIEW
Respondent.
For a Review of Tax Assessment Under
Article 7 of the Real Property Tax Law.
WHEREAS, Petitioner herein intends to file a Note of Issue for the petition filed for the
2014/15 tax year (“the initial petition”), and
WHEREAS, pursuant to 22 NYCRR §202.59(b), Petitioner is required to serve on
Respondents, in triplicate, a verified or certified statement of income and expense (an “Income and
Expense Statement”) for the subject property and Respondents, pursuant to 22 NYCRR §202.59 (c),
may request an audit of Petitioner’s books and records (an “Audit”) within certain prescribed periods
of time, and
WHEREAS, the parties hereto desire to waive the application of 22 NYCRR § 202.59 (b)
and (c) to the extent hereinafter set forth in order that the parties may save time, effort and expense,
andWHEREAS, the parties desire to partially waive the application of Real Property Tax Law
§718 in tax review proceedings involving the same property over various years.
NOW, THEREFORE, IT IS STIPULATED AND AGREED, by and between the attorneys for
the parties hereto:
1. This stipulation shall encompass tax year 2014/15 and the petitions filed for all
subsequent tax years by Petitioner and its successor-in-interest.
2. Petitioner shall submit a verified or certified Income and Expense Statement for all
years at issue with the Nassau County Attorney, as attorney for Respondents, for each year under
review prior to or contemporaneous with filing the Note(s) of Issue, in accordance with 22 NYCRR
§202.59(b). To the extent not already done so, prior to or contemporaneous with the filing of the
Note of Issue, verified or certified income and expense statements for subsequent tax years may be
submitted to the Nassau County Attorney after the case is called on the court calendar.
3. Respondents shall not be required to elect to audit Petitioner’ s books and records until
after such verified or certified Income and Expense Statement has been submitted. Respondents’
failure to elect to conduct an Audit prior to Petitioner’s filing of necessary Note(s) of Issue, shall not
be deemed a waiver of Respondents’ rights under 22 NYCRR §202.59 (c).
4, Within one hundred twenty (120) days after receipt of the aforementioned statements
of Income and Expense, Respondents may request in writing an audit of Petitioner’s books and
records. If any audit is requested, Respondents shall complete its audit of Petitioner’s books and
records no later than one hundred and twenty (120) days after the date of service of such request,
unless upon motion, the Court extends the time to request and make such audit. If the audit is not
completed within such time period, it shall be deemed waived unless, upon motion, the Court
extends the time to complete such audit.5. Upon Respondents’ written request, Petitioner further agrees to submit other material
and relevant information such as leases, contracts of sale, and closing statements, if any.
6. Petitioner and its successor-in-interest shall not, except for the initial petition filed
for tax year 2014/15, be required to file additional Note(s) of Issue for petitions filed for any other
subsequent tax year.
7. In all other respects, Real Property Tax Law §718 and 22 NYCRR §202.59(b) and
(c) is not deemed to have been waived, extended or modified by this Stipulation.
Dated: Mineola, New York
September 12, 2017
KOEPPEL, MARTONE & LEISTMAN, LLP
Attorneys for Petitioner
155 First Street, P.O. Box 863
Mineola, NY 11501
By:
CARNELIT. FOSKEY,‘ESQ.
NASSAU COUNTY ATTORNE
MARTIN E. VALK, ESQ.
Bureau Chief - Tax Certiorari
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File No. 56381 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -X In the Matter of the Application of JPMORGANCHASE, STIPULATION PURSUANT TO RPTL SECTION 718 Petitioner, Section: 38 Block: 153 -against- Lots: 45, 46 THE BOARD OF ASSESSORS AND/OR THE Index No. Writ No. Tax Year ASSESSOR OF THE COUNTY OF NASSAU AND 405121/2017 201501893 2014/15 THE BOARD OF ASSESSMENT REVIEW Respondent. For a Review of Tax Assessment Under Article 7 of the Real Property Tax Law. WHEREAS, Petitioner herein intends to file a Note of Issue for the petition filed for the 2014/15 tax year (“the initial petition”), and WHEREAS, pursuant to 22 NYCRR §202.59(b), Petitioner is required to serve on Respondents, in triplicate, a verified or certified statement of income and expense (an “Income and Expense Statement”) for the subject property and Respondents, pursuant to 22 NYCRR §202.59 (c), may request an audit of Petitioner’s books and records (an “Audit”) within certain prescribed periods of time, and WHEREAS, the parties hereto desire to waive the application of 22 NYCRR § 202.59 (b) and (c) to the extent hereinafter set forth in order that the parties may save time, effort and expense, andWHEREAS, the parties desire to partially waive the application of Real Property Tax Law §718 in tax review proceedings involving the same property over various years. NOW, THEREFORE, IT IS STIPULATED AND AGREED, by and between the attorneys for the parties hereto: 1. This stipulation shall encompass tax year 2014/15 and the petitions filed for all subsequent tax years by Petitioner and its successor-in-interest. 2. Petitioner shall submit a verified or certified Income and Expense Statement for all years at issue with the Nassau County Attorney, as attorney for Respondents, for each year under review prior to or contemporaneous with filing the Note(s) of Issue, in accordance with 22 NYCRR §202.59(b). To the extent not already done so, prior to or contemporaneous with the filing of the Note of Issue, verified or certified income and expense statements for subsequent tax years may be submitted to the Nassau County Attorney after the case is called on the court calendar. 3. Respondents shall not be required to elect to audit Petitioner’ s books and records until after such verified or certified Income and Expense Statement has been submitted. Respondents’ failure to elect to conduct an Audit prior to Petitioner’s filing of necessary Note(s) of Issue, shall not be deemed a waiver of Respondents’ rights under 22 NYCRR §202.59 (c). 4, Within one hundred twenty (120) days after receipt of the aforementioned statements of Income and Expense, Respondents may request in writing an audit of Petitioner’s books and records. If any audit is requested, Respondents shall complete its audit of Petitioner’s books and records no later than one hundred and twenty (120) days after the date of service of such request, unless upon motion, the Court extends the time to request and make such audit. If the audit is not completed within such time period, it shall be deemed waived unless, upon motion, the Court extends the time to complete such audit.5. Upon Respondents’ written request, Petitioner further agrees to submit other material and relevant information such as leases, contracts of sale, and closing statements, if any. 6. Petitioner and its successor-in-interest shall not, except for the initial petition filed for tax year 2014/15, be required to file additional Note(s) of Issue for petitions filed for any other subsequent tax year. 7. In all other respects, Real Property Tax Law §718 and 22 NYCRR §202.59(b) and (c) is not deemed to have been waived, extended or modified by this Stipulation. Dated: Mineola, New York September 12, 2017 KOEPPEL, MARTONE & LEISTMAN, LLP Attorneys for Petitioner 155 First Street, P.O. Box 863 Mineola, NY 11501 By: CARNELIT. FOSKEY,‘ESQ. NASSAU COUNTY ATTORNE MARTIN E. VALK, ESQ. Bureau Chief - Tax Certiorari