Preview
FILED: PUTNAM COUNTY CLERK 08/02/2021 04:40 PM INDEX NO. 501134/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/02/2021
INDEX NO. 501134/2021
|FILED PUTNAM COUNTY CLERK 07/28/2021 01:08 PNG
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/28/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
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In the Matter of Index #
Wright to Paradise Ltd
Petitioner,
- against - NOTICE OF PETITION
ASSESSOR OF THE TOWN OF CARMEL
'
T RECEIVED I,
c w
A N
R
Respondent. JUL 2 9 2021 c
_ _ _ _ _ _ _ _ _ _ E
_ _ ___ _ _ _ _ _ _ _ - X O
S I R:
PLEASE TAKE NOTICE, that upon the annexed Petition,
verified July 28, 2021 appli-
the undersigned will make an
cation at Special Term, Part I'V, of the Supreme Court of the State
of New York, to be held in and for the of PUTNAM
County , at
the Courthouse thereof, 20 New
County Center, Carmel, York,
on the 25th day of October, 2021. 9:30
at o 'clock in the forenoon
of that day, or as soon thereafter as counsel be for a
may heard,
review under Article 7 of the Real Property Tax Law of the
assessment upon the property of the petitioner situated in
the above municipality, which is more de-
property particularly
scribed in the annexed Petition, and for such other and further
relief as to the Court may seem just and proper.
Dated: July 28, 2021
Yours, etc.,
McCarthy Fingar LLP
StepKen Davis
Attorneys for Petitioner
Office & P.O. Address
TO: Town Clerk 711 Westchester Avenue
TOWN OF CARMEL White Plains, N.Y. 10604
(914) 946-3700
NOTE: Whenever there be more than one the word "peti-
petitioner,
tioner", its plural, relevant verbs, pronouns and tenses shall be construed in
the within Petition and Notice of Petition as the sense of such
instruments warrant.
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FILED: PUTNAM COUNTY CLERK 08/02/2021 04:40 PM INDEX NO. 501134/2021
NYSCEF DOC. NO. 3 RECEIVED
INDEX NYSCEF:
NO. 08/02/2021
501134/2021
FILED:. PUTNAM COUNTY CLERK 07/28/2021 01:08 PM|
NYÅ CEF DOC. NO. 1 RECEIVED NYSCEF: 07/28/2021
SUPREME COURT OF TRE STATE OF NEW YORK
COUNTY OF PUTNAM
x
In the Matter of Index #
.
Wright to Paradise Ltd
Petitioner,
- against - PETITION
ASSESSOR OF THE TOWN OF CARMEL
.
Respondent. .
-- -- x
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The petition of the above-named petitioner respectfully
shows:
Petitioner is a New York State limited liability
company, and owns the real property which is the subject of this proceeding.
2. That now and during all times hereinafter mentioned
etitioner is the owner of certain parcel of real in
property
he TOWN OF CARMEL
, which property is owned
as follows and is described and identified on the tax map of the
above municipality as follows:
Owner Tax Map Identification
WrighttoParadiseLtd 64.20-1-10
(PetreIslandattakeMahopac)
3. That said parcel of real property have been
assessed by the said Assessor upon the assessment roll of said
municipality, for the year 2021 . as follows:
Land 3,002,200
Improvements $1,360,900
Total Assessment $4,363,100
and a portion of the improvements invalidly has been assessed,
as the same constitute an abandoned house in utter disrepair, is
worthless, has been condemned, with its C of O revoked.
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NYSCEF DOC. NO. 3 INDEX
RECEIVED NO. 501134/2021
NYSCEF: 08/02/2021
FILED:. PUTNAM COUNTY CLERK 07/28/2021 01:Ó8 PM_j
RECEIVED NYSCEF: 07/28/2021
NYSCEF DOC. NO. 1
4. That after the assessment of said property, as
aforesaid, for said year, and during the time the assessment
roll was open for public inspection, examination and correction,
your petitioner, feeling aggrieved by such erroneous assessment,
appeared before the Board of Review and Determination of said
municipality, and at that time filed with said Board application,
in writing, under oath, as required by law, for the reduction of
said assessment, and setting forth in writing, their objections to
the same as over-assessed by reason of over-valuation and inequality; each application
is incorporated by reference herein as though fully set forth at
length herein.
5. That said Board, notwithstanding your petitioner's
application and objection, neglected and refused to reduce said
assessments, and the same is included in the final assessment roll
as originally made in the assessment roll prepared by said Assessor.
6. That the valuation and assessments of petitioner's
unjust and un-
real property, made as aforesaid, are erroneous, overvalued,
reasons:*
equal for the following said assessments have been made
at a higher proportionate valuation than the assessments of other
real property on the same rolls by the same assessing officer; the
assessment of such real property made on the same roll generally
is at a rate not exceeding 85 % of full value, the extent of the
of assessment as to petitioner's respective parcel
inequality
of real property is as follows.
Land 2,702,200
Improvements 360,000
Total 3,062,200
but gener-
Such inequality exists not only in specific instances,
throughout the assessment rolls of said municipality, and
ally
petitioner specifies, as instances of such inequality, all the
other properties assessed upon the same assessment roll.
7. That in order that the respective assessments on
petitioner's real property, as aforesaid, be made proportionate
to assessments elsewhere throughout said municipality and not over-valued, it is
that the respective assessments on said parcel of real
necessary
be reduced as follows:
property
Land $300,000
Improvements $1,000,000
Total: $1,300,000
and and will be
Your petitioner is therefore aggrieved, is,
injured such in the said assessments.
by inequality
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NYSCEF DOC. NO. 3 RECEIVED
INDEX NO. 501134/2021
NYSCEF: 08/02/2021
FILED:. PUTNAM COUNTY CLERK 07/28/2021 01:08 PM|
RECEIVED NYSCEF: 07/28/2021
NYSCEF DOC. NO. 1
8. That your petitioner is aggrieved and injured by
the said overassessment and unequal assessment and will be injured
thereby and will be required to pay taxes which would not be
they
required to pay by law if said assessments had been made correctly
and properly, and such unjust, unequal and excessive assessments
will subject your petitioner each to the payment of more taxes
than they are legally required to and a disproportionate share
pay
of the tax burden.
9. That the said Assessor and Board claim to have
completed and verified the said assessment roll and filed the same
in the Office of the Clerk of said municipality on the 2nd of
day
July, 2021
and that thirty days have not elapsed since the
completion and fil'ing of said assessment roll and the giving of
notice as required by law.
10. That no application has heretofore been made to any
court or judge for the same or similar relief as sought herein.
WHEREFORE, your petitioner prays for a review by this
court of the final determination of the respondent and the Board
of Review and Determination of said municipality as to the assessed
valuations of petitioner's respective parcel of real property
heretofore described, to the end that its determination may be
corrected on the merits by the court, and that a final judgment or
order may be entered directing that the assessed valuations be
corrected and reduced to the values claimed to be proper assessed
valuations in paragraph 7th hereof, and for such other and further
relief as to the court may seem just and proper in the premises,
together with the costs, disbursements and allowances of this
proceeding.
Dated: White Plains, New York
July 28, 2021
WrighttoP diseLtd
Stephen Davis
Authorized Agent per filed Grievance
McCarthy Fingar, LLP
711 Westchester Avenue
White Plains, NY 10604
(914) 946-3700
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FILED: PUTNAM COUNTY CLERK 08/02/2021 04:40 PM INDEX NO. 501134/2021
NYSCEF DOC. NO. 3 RECEIVED
IN DEX NYSCEF:
NO. 08/02/2021
501134/2021
EFILED:. PUTNAM COUNTY CLERK 07/28/2021 01:08 PM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/28/2021
STATE OF NEW YORK
)ss.
COUNTY OF WESTCHESTER )
STEPHEN DAVIS, an attorney-at-law, duly admitted to
practice before the courts of the State of New York, under penalty
of perjury, hereby affirms:
That all matters alleged in the annexed Petition are
true to the knowledge of the undersigned. That this verification
is made by the undersigned and not by the petitioner herein
because all of the material allegations of the Petition are with-
in the personal knowledge of the the undersigned is
undersigned,
the attorney for petitioner, and accordingly, CPLR 3020(d),
subdivision 3, permits the undersigned to make this verification.
Dated : White New York
Plains,
July 28, 2021
ST PHEN DAVIS
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FILED: PUTNAM COUNTY CLERK 08/02/2021 04:40 PM INDEX NO. 501134/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF
----------------------------------------------------------------x
WRIGHT TO PARADISE LTD
Plaintiff/Petitioner,
- against - 501134/2021
Index No.
ASSESSOROFTHETOWNOFCARMEL
Defendant/Respondent.
-----------------------------------------------¬------ -----x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
• Ifyou are represented an attorney:
by
Attomeys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
e Ifyou are not represented an attorney:
by
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
Ifyou choose to part|c|pate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
• and your documents electronically
serving filing
• free access to view and print your e-filed documents
• your number of trips to the courthouse
limiting
• paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
• visit:www.nycourts.gov/efile-unrepresented or
• contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
Page 1 of 2 EFM-1
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/02/2021
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the
NYSCEF site www.nycourts.gov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attorneys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with allemployees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: efile@nycourts.gov).
Dated: July 28, 2021
tep n Davis 711 Westchester Avenue
Name Address
McCarthy Fingar LLP
White Plains, NY 10604
Firm Name
(914) 385-1011
Phone
SDavis@McCarthyFingar.com
E-Mail
To: Town Clerk Town of Carmel
6/6/18
Index # Page 2 of 2 EFM-1
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/02/2021
AFFIRMATIONS OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
Stephen Davis, an attorney-at-law duly admitted to practice
before the courts of this State, and the attorney for Petitioner
herein, under penalty of perjury, hereby states:
I am not a party to this proceeding, am over the age of 18 years
and maintain offices at White Plains, New York. On eTt213C3CG
2021, I mailed the annexed Petition and Notice of Petition in a
sealed envelope, with postage prepaid thereon at an official
depository of the U.S. Postal Service within the State of New
York, directed to: (a) Superintendent of Schools, Mahopac Central
School District, addressed to him or her at 179 East Lake
Boulevard, Mahopac, NY 10541; and (b) Commissioner of Finance,
Putnam County Finance Department, addressed to him or her at
County Office Building, 40 Gleneida Avenue, Carmel, NY 10512.
Dated: 2021.
T PHF DAVIS
STATE OF NEW YORK )
)SS.:
COUNTY OF WESTCHESTER )
Stephen Davis, an attorney-at-law, duly admitted to practice
before the courts of the State of New York, under penalty of
perjury, hereby states and affirms that: I am the attorney for
Petitioner and maintain law offices at White Plains, New York. I
served three copies of the Notice of Petition and Petition herein
by delivering the same personally to the Municipal Clerk or his
or her deputy indicated on the date stamp affixed to the annexed
Notice of Petition and on the date indicated therein, and
additionally, at the same time at the office of said Municipal
Clerk, one copy of the e-file Notice of Commencement in the same
manner. Upon receiving the same, the said Municipal Clerk
endorsed his/her date stamp on the face of those documents
stapled together as one.
Dated: Jul¬r40, 2020.
en Davis
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