Preview
FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018
At an lAS Term of the Supreme Court of
the State of New York held in and for the
County of Dutchess, at 10 Market Street,
Poughkeepsie, New York on theGlK day
Of~2018.
PRESENT: Hon. James V. Brands, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
In the Matter of the Application of CONSENT JUDGMENT
GAS LAND PETROLEUM INC.,
Petitioner, Index Nos.: 2015-2749
- against- 2016-51797
2017-51856
TOWN OF FISHKILL, a Municipal
Corporation, its ASSESSOR and its
BOARD OF ASSESSMENT REVIEW,
Respondents.
For Review of the Assessment of Certain Real Property
under Article 7 of the Real Property Tax Law.
The above petitioner having heretofore served and filed Petitions and Notices to
review the tax assessments fixed by the Town of Fishkill for the assessment rolls of2015,
2016 and 2017, upon certain real property located in the Town and Village of Fishkill,
Dutchess County, New York, and designated as tax map Nos.: 6155-08-945909 (2 Elm
Street) and 6156-20-817068 (747 Route 9) on the Official Assessment Map of the Town of
Fishkill, and
The petitioner having appeared by Corbally, Gartland and Rappleyea, LLP, Karen E.
Hagstrom, Esq., and the respondents having appeared by Van DeWater and Van De Water,
CORBALlY,GARTLAND AND RAPPLEYEA.LLP • ATTORNEYS AND COUNSELORS AT LAW
35 MARKET STREET • POUGHKEEPSIE,NEW YORK 12601 • (845) 454-1110
1 of 6
FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018
LLP, Kyle W. Barnett, Esq., Attorneys for the Town of Fishkill, and the parties having made
their settlement, it is hereby
ORDERED, that the assessments on the properties referred to herein, be and the same
are hereby reduced, corrected and fixed for the 2015,2016,2017,2018 and 2019 assessment
rolls as follows:
DESCRIPTION (Tax Map No.): 6155-08-945909 (2 Elm Street)
Assessment Original Settlement Amount of
Roll Assessment Assessment Reduction
2015 1,520,000 1,350,000 170,000
2016 1,520,000 1,350,000 170,000
2017 1,520,000 1,350,000 170,000
2018 1,350,000 1,350,000 -0-
2019 1,350,000 1,350,000 -0-
DESCRIPTION (Tax Map No.): 6156-20-817068 (747 Route 9)
Assessment Original Settlement Amount of
Roll Assessment Assessment Reduction
2015 950,000 950,000 -0-
2016 950,000 950,000 -0-
2017 950,000 950,000 -0-
2018 900,000 900,000 -0-
2019 900,000 900,000 -0-
2
ATTORNEYS AND COUNSELORS AT LAW
35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (845) 4~1110
2 of 6
FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018
and it is further
ORDERED, that the officer or officers having custody of the assessment rolls upon
which the above-mentioned assessments and any taxes levied thereon are entered shall
correct the said entries in conformity with this Order and shall note upon the margin of said
rolls, opposite of said entries, that the same have been corrected by the authority of this
Order, and it is further
ORDERED, that there shall be audited, allowed and paid to the petitioner by the
DUTCHESS COUNTY COMMISSIONER OF FINANCE, for tax map No.: 6155-08-
945909 (2 Elm Street), the amount of Dutchess County taxes and ad valorem Special District
Taxes, if any, paid by the petitioner as taxes against the said erroneous assessments in the
excess of what the taxes would have been had the said assessments made in the aforesaid
years been determined by this Order, together with interest thereon from the date of payment
thereof as provided by statute, provided, however, notwithstanding any other provision herein
to the contrary, interest shall be waived in the event that payment is made within sixty (60)
days from the date of service of this Order with notice of entry, and it is further,
ORDERED, that there shall be audited, allowed and paid to the petitioner by the
WAPPINGERS CENTRAL SCHOOL DISTRICT, for tax map No.: 6155-08-945909 (2 Elm
Street), the amount of School taxes, and Library taxes if applicable, paid by the petitioner as
taxes against the said erroneous assessments in the excess of what the taxes would have been
had the said assessments made in the aforesaid years been determined by this Order, together
3
ATTORNEYS AND COUNSELORS AT LAW
35MAAKETSTREET • POUGHKEEPSIE, NEW YORK 12601 • (845)454-1110
3 of 6
FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018
with interest thereon from the date of payment thereof as provided by statute, provided,
however, notwithstanding any other provision herein to the contrary, interest shall be waived
in the event that payment is made within sixty (60) days from the date of service ofthis Order
with notice of entry, and it is further
ORDERED, that there shall be audited, allowed and paid to the petitioner by the
VILLAGE OF FISHKILL, for tax map No.: 6155-08-945909 (2 Elm Street), the amount of
Village taxes, paid by the petitioner as taxes against the said erroneous assessments in the
excess of what the taxes would have been had the said assessments made in the aforesaid
years been determined by this Order, together with interest thereon from the date of payment
thereof as provided by statute, provided, however, notwithstanding any other provision herein
to the contrary, interest shall be waived in the event that payment is made within sixty (60)
days from the date of service of this Order with notice of entry, and it is further
ORDERED, that petitioner waives any refund from the Dutchess County
Commissioner of Finance, relative to the amount, if any, solely of Town taxes paid by
petitioner as taxes against the erroneous assessments in excess of what the taxes would have
been if the said assessments had been determined by this Order, and it is further
ORDERED, that unless paid within sixty (60) days from service of this Order and of
the Audit and Demand for payment all tax refunds are to be made with statutory interest from
the date the taxes indicated herein were paid, pursuant to Section 726 of the Real Property
Tax Law of the State of New York, and it is further
4
ATTORNEYS AND COUNSELORS AT LAW
35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (845) 454-1110
4 of 6
FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018
ORDERED, that all tax refunds hereinabove directed to be made by respondent, the
Dutchess County Commissioner of Finance, The Town of Fishkill, Wappingers Central
School District, The Village of Fishkill, and/or any ofthe various taxing authorities, be made
by check or draft payable to the order of Cor bally, Gartland and Rappleyea, LLP, as attorneys
for the petitioner, who is to hold the proceeds as trust funds for appropriate distribution, and
who is to remain subject to the further jurisdiction ofthe Court in regard to its attorney's lien,
pursuant to Juaiciary Law Section 475, and it is further
ORDERED, that to the extent any taxes or assessments are unpaid and have already
been billed for the Town, School, Village, County and special districts in accordance with
the original assessed valuation, the officer or officers having custody of the assessment roll
and/or the tax roll shall forward to the petitioner a new bill or bills, taxing said petitioner on
the basis of the final total assessed valuation as stipulated herein, and it is further
ORDERED, that petitioner will not challenge the assessed valuations for the parcels
designated as tax map Nos. 6155-08-941902 (Route 9) and 6155-08-945900 (Route 9) based
upon excessive assessment, which will be 90,000 each for the 2019 assessment roll, and it
is further
ORDERED, that this Order hereby constitutes and represents full settlement of the tax
review proceedings herein, and there are no costs or allowances awarded to, by or against any
of the parties, and that upon compliance with the terms of this Order, the above-entitled
proceedings be and the same are settled and discontinued.
CORBALlV, GARTLAND AND RAPPLEYEA,. UP • ATTORNEYS AND COUNSELORS AT LAW
35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (845) 454-1110
5 of 6
r
FILED: • ~ •
DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018
Dated: PO~hkeePWew York
~~ ~,2018
ENTER,
HON. JAMES'V:
Signing and entry of the within
9rder is hereby Consented to:
CORBALLY,GARTLANDandRAPPLEYEA,LLP
-'KAREN E. HAGSTROM, ESQ.
Attorneys for Petitioners
35 Market Street
Poughkeepsie, NY 12601
Telephone: (845) 454-1110
6
CORBAUY, GARTLAND AND RAPPlEYEA, UP • ATTORNEYS AND COUNSELORS AT LAW
35 MARKET STREET • POUGHKEEPSIE,NEW YORK 12601 • (845) 454-1110
6 of 6
Preview
FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018 At an lAS Term of the Supreme Court of the State of New York held in and for the County of Dutchess, at 10 Market Street, Poughkeepsie, New York on theGlK day Of~2018. PRESENT: Hon. James V. Brands, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS In the Matter of the Application of CONSENT JUDGMENT GAS LAND PETROLEUM INC., Petitioner, Index Nos.: 2015-2749 - against- 2016-51797 2017-51856 TOWN OF FISHKILL, a Municipal Corporation, its ASSESSOR and its BOARD OF ASSESSMENT REVIEW, Respondents. For Review of the Assessment of Certain Real Property under Article 7 of the Real Property Tax Law. The above petitioner having heretofore served and filed Petitions and Notices to review the tax assessments fixed by the Town of Fishkill for the assessment rolls of2015, 2016 and 2017, upon certain real property located in the Town and Village of Fishkill, Dutchess County, New York, and designated as tax map Nos.: 6155-08-945909 (2 Elm Street) and 6156-20-817068 (747 Route 9) on the Official Assessment Map of the Town of Fishkill, and The petitioner having appeared by Corbally, Gartland and Rappleyea, LLP, Karen E. Hagstrom, Esq., and the respondents having appeared by Van DeWater and Van De Water, CORBALlY,GARTLAND AND RAPPLEYEA.LLP • ATTORNEYS AND COUNSELORS AT LAW 35 MARKET STREET • POUGHKEEPSIE,NEW YORK 12601 • (845) 454-1110 1 of 6 FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018 LLP, Kyle W. Barnett, Esq., Attorneys for the Town of Fishkill, and the parties having made their settlement, it is hereby ORDERED, that the assessments on the properties referred to herein, be and the same are hereby reduced, corrected and fixed for the 2015,2016,2017,2018 and 2019 assessment rolls as follows: DESCRIPTION (Tax Map No.): 6155-08-945909 (2 Elm Street) Assessment Original Settlement Amount of Roll Assessment Assessment Reduction 2015 1,520,000 1,350,000 170,000 2016 1,520,000 1,350,000 170,000 2017 1,520,000 1,350,000 170,000 2018 1,350,000 1,350,000 -0- 2019 1,350,000 1,350,000 -0- DESCRIPTION (Tax Map No.): 6156-20-817068 (747 Route 9) Assessment Original Settlement Amount of Roll Assessment Assessment Reduction 2015 950,000 950,000 -0- 2016 950,000 950,000 -0- 2017 950,000 950,000 -0- 2018 900,000 900,000 -0- 2019 900,000 900,000 -0- 2 ATTORNEYS AND COUNSELORS AT LAW 35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (845) 4~1110 2 of 6 FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018 and it is further ORDERED, that the officer or officers having custody of the assessment rolls upon which the above-mentioned assessments and any taxes levied thereon are entered shall correct the said entries in conformity with this Order and shall note upon the margin of said rolls, opposite of said entries, that the same have been corrected by the authority of this Order, and it is further ORDERED, that there shall be audited, allowed and paid to the petitioner by the DUTCHESS COUNTY COMMISSIONER OF FINANCE, for tax map No.: 6155-08- 945909 (2 Elm Street), the amount of Dutchess County taxes and ad valorem Special District Taxes, if any, paid by the petitioner as taxes against the said erroneous assessments in the excess of what the taxes would have been had the said assessments made in the aforesaid years been determined by this Order, together with interest thereon from the date of payment thereof as provided by statute, provided, however, notwithstanding any other provision herein to the contrary, interest shall be waived in the event that payment is made within sixty (60) days from the date of service of this Order with notice of entry, and it is further, ORDERED, that there shall be audited, allowed and paid to the petitioner by the WAPPINGERS CENTRAL SCHOOL DISTRICT, for tax map No.: 6155-08-945909 (2 Elm Street), the amount of School taxes, and Library taxes if applicable, paid by the petitioner as taxes against the said erroneous assessments in the excess of what the taxes would have been had the said assessments made in the aforesaid years been determined by this Order, together 3 ATTORNEYS AND COUNSELORS AT LAW 35MAAKETSTREET • POUGHKEEPSIE, NEW YORK 12601 • (845)454-1110 3 of 6 FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018 with interest thereon from the date of payment thereof as provided by statute, provided, however, notwithstanding any other provision herein to the contrary, interest shall be waived in the event that payment is made within sixty (60) days from the date of service ofthis Order with notice of entry, and it is further ORDERED, that there shall be audited, allowed and paid to the petitioner by the VILLAGE OF FISHKILL, for tax map No.: 6155-08-945909 (2 Elm Street), the amount of Village taxes, paid by the petitioner as taxes against the said erroneous assessments in the excess of what the taxes would have been had the said assessments made in the aforesaid years been determined by this Order, together with interest thereon from the date of payment thereof as provided by statute, provided, however, notwithstanding any other provision herein to the contrary, interest shall be waived in the event that payment is made within sixty (60) days from the date of service of this Order with notice of entry, and it is further ORDERED, that petitioner waives any refund from the Dutchess County Commissioner of Finance, relative to the amount, if any, solely of Town taxes paid by petitioner as taxes against the erroneous assessments in excess of what the taxes would have been if the said assessments had been determined by this Order, and it is further ORDERED, that unless paid within sixty (60) days from service of this Order and of the Audit and Demand for payment all tax refunds are to be made with statutory interest from the date the taxes indicated herein were paid, pursuant to Section 726 of the Real Property Tax Law of the State of New York, and it is further 4 ATTORNEYS AND COUNSELORS AT LAW 35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (845) 454-1110 4 of 6 FILED: DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018 ORDERED, that all tax refunds hereinabove directed to be made by respondent, the Dutchess County Commissioner of Finance, The Town of Fishkill, Wappingers Central School District, The Village of Fishkill, and/or any ofthe various taxing authorities, be made by check or draft payable to the order of Cor bally, Gartland and Rappleyea, LLP, as attorneys for the petitioner, who is to hold the proceeds as trust funds for appropriate distribution, and who is to remain subject to the further jurisdiction ofthe Court in regard to its attorney's lien, pursuant to Juaiciary Law Section 475, and it is further ORDERED, that to the extent any taxes or assessments are unpaid and have already been billed for the Town, School, Village, County and special districts in accordance with the original assessed valuation, the officer or officers having custody of the assessment roll and/or the tax roll shall forward to the petitioner a new bill or bills, taxing said petitioner on the basis of the final total assessed valuation as stipulated herein, and it is further ORDERED, that petitioner will not challenge the assessed valuations for the parcels designated as tax map Nos. 6155-08-941902 (Route 9) and 6155-08-945900 (Route 9) based upon excessive assessment, which will be 90,000 each for the 2019 assessment roll, and it is further ORDERED, that this Order hereby constitutes and represents full settlement of the tax review proceedings herein, and there are no costs or allowances awarded to, by or against any of the parties, and that upon compliance with the terms of this Order, the above-entitled proceedings be and the same are settled and discontinued. CORBALlV, GARTLAND AND RAPPLEYEA,. UP • ATTORNEYS AND COUNSELORS AT LAW 35 MARKET STREET • POUGHKEEPSIE, NEW YORK 12601 • (845) 454-1110 5 of 6 r FILED: • ~ • DUTCHESS COUNTY CLERK 10/02/2018 09:52 AM INDEX NO. 2017-51856 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/01/2018 Dated: PO~hkeePWew York ~~ ~,2018 ENTER, HON. JAMES'V: Signing and entry of the within 9rder is hereby Consented to: CORBALLY,GARTLANDandRAPPLEYEA,LLP -'KAREN E. HAGSTROM, ESQ. Attorneys for Petitioners 35 Market Street Poughkeepsie, NY 12601 Telephone: (845) 454-1110 6 CORBAUY, GARTLAND AND RAPPlEYEA, UP • ATTORNEYS AND COUNSELORS AT LAW 35 MARKET STREET • POUGHKEEPSIE,NEW YORK 12601 • (845) 454-1110 6 of 6