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  • Wright To Paradise Ltd v. Town Of Carmel AssessorReal Property - Tax Certiorari document preview
  • Wright To Paradise Ltd v. Town Of Carmel AssessorReal Property - Tax Certiorari document preview
  • Wright To Paradise Ltd v. Town Of Carmel AssessorReal Property - Tax Certiorari document preview
  • Wright To Paradise Ltd v. Town Of Carmel AssessorReal Property - Tax Certiorari document preview
  • Wright To Paradise Ltd v. Town Of Carmel AssessorReal Property - Tax Certiorari document preview
  • Wright To Paradise Ltd v. Town Of Carmel AssessorReal Property - Tax Certiorari document preview
  • Wright To Paradise Ltd v. Town Of Carmel AssessorReal Property - Tax Certiorari document preview
  • Wright To Paradise Ltd v. Town Of Carmel AssessorReal Property - Tax Certiorari document preview
						
                                

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 - - - - - - - - - - - - - - - - - - - - - x 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. 1 of 5 1 of 8 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| NYŠCEF 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. 2 of 5 2 of 8 FILED: PUTNAM COUNTY CLERK 08/02/2021 04:40 PM INDEX NO. 501134/2021 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 3 of 5 3 of 8 FILED: PUTNAM COUNTY CLERK 08/02/2021 04:40 PM INDEX NO. 501134/2021 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 4 of 5 4 of 8 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 5 of 5 5 of 8 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 6 of 8 FILED: PUTNAM COUNTY CLERK 08/02/2021 04:40 PM INDEX NO. 501134/2021 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 7 of 8 FILED: PUTNAM COUNTY CLERK 08/02/2021 04:40 PM INDEX NO. 501134/2021 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 8 of 8