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FILE #10-5175
SUPREME COURT: STATE OF NEW YORK
COUNTY OF NASSAU STIPULATION OF SETTLEMENT
-------------------------------------------------------X
In the Matter of :
600 BROADWAY REALTY, LLC : Consol. Index No. 400382/2019
Calendar No.
Petitioner, Index# Tax Yr. Writ# Cal#
-against- 400382/2019 2015/16 1647845
:
THE ASSESSOR OF NASSAU
COUNTY AND THE ASSESSMENT :
REVIEW COMMISSION OF
NASSAU COUNTY, :
Respondents. : Section: 42
-------------------------------------------------------X Block: E
Lot(s): 758
WHEREAS, Petitioner has brought proceedings to review Respondents real property tax
assessment for the tax years listed in the caption on Petitioner's property identified on the Nassau
County tax map and assessment rolls by the Section, Block and Lot listed in the caption; and
WHEREAS, the parties desire to settle said proceedings in accordance with the terms hereafter
set forth; and
NOW, THEREFORE, IT IS STIPULATED AND AGREED by and between the parties as
follows:
1. The proceeding shall be consolidated under Index No. listed in the caption.
2. If any proceeding applicable to a tax year affected by this stipulation was part of a master
petition, then the proceeding shall be severed from the master petition.
3. Any motions affecting the said proceedings now pending are hereby are withdrawn.
4. The within proceeding shall be settled as follows:
Section 42 Block E Lot(s) 758
Full
Original Final
Total Total
Assessed Amount of Assessed
Tax Year Value Reduction Value
2015/16 $5,723 $1,000 $4,723
5. The taxable assessed values shall be corrected based on the foregoing corrected assessed
values and as indicated in the annexed Schedule A as follows:
Original Assessment
County/
School Town
Tax Year Total AV Physical Trans Exempt Code Taxable Taxable
2015/16 | 5,723 1,980 5,723 5,723
Corrected Assessment
County/
School Town
Tax Year Total AV Physical Trans Exempt Code Taxable Taxable
2015/16 4,723 980 4,723 4,723
6. Upon granting of the judgment to be submitted based on this stipulation and presentation of
a certified copy of said judgment and a copy of this stipulation together with supporting documentation,
the County Treasurer shall make payment in accordance with the terms of said judgment.
7. The Receiver of Taxes for the town or city in which the property issituated shall issue
corrected tax billsfor the tax years at issue as appropriate and set forth herein. Iffor any reason the bills
are not corrected, the excess taxes shall be refunded as provided herein.
8. The judgment or order implementing this stipulation shall provide for a refund of overpaid
taxes, where indicated, with interestat the rate of 4% percent per annum from the date of payment of
taxes from April 1,2004 to December 31, 2009; and foreach calendar year or portion of a year
hereafter, at the lesser of 3% percent or the overpayment rate set forthe firstquarter of each such year
2
by the Commissioner of Taxation and Finance pursuant to subsection (j) of §697 of the Tax Law, from
13t 31st
January to December of such year, or to the date of entry of judgment if sooner, but without
costs to any party.
9. Petitioner, by its attorneys, warrants that, to its knowledge, no other person, partnership or
corporation has an interest in these proceedings. In the event that the petitioner or its attorney become
aware of such an interest at any time prior to the entry of judgment, herein, it shall so advise respondent
and the Court. In addition, at the time an application is made for a tax refund, petitioner shall submit an
affidavit that, in the event that it is adjudged by a court of competent jurisdiction that
stating finally
another person has an interest in these proceedings and that a part or all of the tax refund to be paid
herein should have been paid to another person, petitioner shall make such payment to such person and
shall hold the County of Nassau free and harmless from any duplicate payment of a tax refund.
Dated: Mineola, New York
February 14, 2019 CRONIN & CRONIN LAW FIRM, PLLC
200 Old Country Road
Mineola, New York 11501
Tel. No. (516) 747-2220
Attorneys for Petitio
BY:
SEAN M. CRONIN, ESQ.
JARED A. KASSCHAU, ESQ.
The undersigned certifies that, by County Attorney, Nassau County
Resolution No.218/2001, dated Attorney for Respondents
July 16, 2001, the Nassau County
Legislature has authorized the
execution of this Stipulation of Settlement.
BY:
AnnMargaret Barriga, Esq.
Office of the Nassau County Attorney
- Assessment Litigation
Bureau Chief Property
3
12/17/2018 14:35 FAX 516 571 1692 Assessment Review Comm 0005/0006
OFFICE OF THE COUNTY ATTORNEY
STIPULATION SETTLEMENT OR œNSE™T ORDER - SCHEDULE A
Stipulation # 186314001-2002
Fax # (516) 747-2240 Economic Unit # 6314,001
725 CRONIN & CRONIN LAW FIRM, PLLC , Offer Date 12/17/2018
200 OLD COUNTRYROAD, STE 570
MINEOLA NY 11501
Proposed Assessments Economic Unit Totals
Tazyr Original AV Proposed AV Reduction
2013/14 3,743 3,743 0
2014/15
2015/16 5,723 4,723 1,000
Proposed Aggessments
Parcel 42 E 07580
. -
....____....
New
fear original AV C1s Proposed AV Cls Reductior
2013/14 3,743 4 3,743 4
2014/15 3,743 4 3,743 4 . 0
2015/16 5,723 4 4,723 4 1,000
_.............
..............
Proceedings Resolved
Taxyr Writ# . Index # Calu Cut PETITIONBR ATTORNEY
2013/14 201428671 103 1 500 BROADWAYREALTY, LLC JRONIN & CRONIN LAN FIIUG PLLC
?014/15 201507435 402927 1 "600 BROADWAYREALT/, LLC" 2RONIN & CRONXNLAW FIRM, PLLC
li/16 F1647845 403480 1 500 BROADNAYREALTY, LLC CRONIN & CRONIN LAN FIRM, PL
..__._... .. ...... ............
3ales
arcel Date Price Seller Buyer
This offer expires on 01/16/2019
12/17/2018 Page 5
NASSAU COUNTY TAXABLE ASSESSED VALUE ESTINATE
co
No. ARC 186314001-2002 EUN: 6314,001
Exemptions and physical changes subject to Department of Assessment final review
ca
Parcel 42 E 07560 Original Assessment Parcel 42 E 07580 corrected Assessment
Year Total AV Physic Trans Exampt Code Sc ol Ger Year Total AV Physic Trans Exempt Code School
al Taxable Taxabic al Taxable Taxabi
5013/14 3,743 3,743 3,743 2013/14 3,743 3,743 .3,74s
5014/15 3,743 178 3,565 3,565 2014/15 3,743 178 3,563 3,5 5
¼015/T6 5,723 1,980 5,723 5,723 2015/16 4,723 980 4,723 4,72
Nassau County Taxable Assessed Value Computation
S
raxpayer' a counsel s This estimate is provided as a and is an attachment to a Nassau of fer of
courtesy County
reduction. Final calculations will be made by the Department of Assessment.
2.eceiver of Taxes: This schedule is valid for issuance of a corrected tax bill only when submitted to you by the Nassau 50
County Assessment Review Commission as an attachment to an ARC Determination(AR90), or when it is incorporated into a ®<
stipulation of settlement or consent order signed by a Deputy County Attorney.
o
o
o
O
.C
Attachment to: AR70/AR90
Prepared Bys DU Page 1 of 1 12/17/2018
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FILE #10-5175 SUPREME COURT: STATE OF NEW YORK COUNTY OF NASSAU STIPULATION OF SETTLEMENT -------------------------------------------------------X In the Matter of : 600 BROADWAY REALTY, LLC : Consol. Index No. 400382/2019 Calendar No. Petitioner, Index# Tax Yr. Writ# Cal# -against- 400382/2019 2015/16 1647845 : THE ASSESSOR OF NASSAU COUNTY AND THE ASSESSMENT : REVIEW COMMISSION OF NASSAU COUNTY, : Respondents. : Section: 42 -------------------------------------------------------X Block: E Lot(s): 758 WHEREAS, Petitioner has brought proceedings to review Respondents real property tax assessment for the tax years listed in the caption on Petitioner's property identified on the Nassau County tax map and assessment rolls by the Section, Block and Lot listed in the caption; and WHEREAS, the parties desire to settle said proceedings in accordance with the terms hereafter set forth; and NOW, THEREFORE, IT IS STIPULATED AND AGREED by and between the parties as follows: 1. The proceeding shall be consolidated under Index No. listed in the caption. 2. If any proceeding applicable to a tax year affected by this stipulation was part of a master petition, then the proceeding shall be severed from the master petition. 3. Any motions affecting the said proceedings now pending are hereby are withdrawn. 4. The within proceeding shall be settled as follows: Section 42 Block E Lot(s) 758 Full Original Final Total Total Assessed Amount of Assessed Tax Year Value Reduction Value 2015/16 $5,723 $1,000 $4,723 5. The taxable assessed values shall be corrected based on the foregoing corrected assessed values and as indicated in the annexed Schedule A as follows: Original Assessment County/ School Town Tax Year Total AV Physical Trans Exempt Code Taxable Taxable 2015/16 | 5,723 1,980 5,723 5,723 Corrected Assessment County/ School Town Tax Year Total AV Physical Trans Exempt Code Taxable Taxable 2015/16 4,723 980 4,723 4,723 6. Upon granting of the judgment to be submitted based on this stipulation and presentation of a certified copy of said judgment and a copy of this stipulation together with supporting documentation, the County Treasurer shall make payment in accordance with the terms of said judgment. 7. The Receiver of Taxes for the town or city in which the property issituated shall issue corrected tax billsfor the tax years at issue as appropriate and set forth herein. Iffor any reason the bills are not corrected, the excess taxes shall be refunded as provided herein. 8. The judgment or order implementing this stipulation shall provide for a refund of overpaid taxes, where indicated, with interestat the rate of 4% percent per annum from the date of payment of taxes from April 1,2004 to December 31, 2009; and foreach calendar year or portion of a year hereafter, at the lesser of 3% percent or the overpayment rate set forthe firstquarter of each such year 2 by the Commissioner of Taxation and Finance pursuant to subsection (j) of §697 of the Tax Law, from 13t 31st January to December of such year, or to the date of entry of judgment if sooner, but without costs to any party. 9. Petitioner, by its attorneys, warrants that, to its knowledge, no other person, partnership or corporation has an interest in these proceedings. In the event that the petitioner or its attorney become aware of such an interest at any time prior to the entry of judgment, herein, it shall so advise respondent and the Court. In addition, at the time an application is made for a tax refund, petitioner shall submit an affidavit that, in the event that it is adjudged by a court of competent jurisdiction that stating finally another person has an interest in these proceedings and that a part or all of the tax refund to be paid herein should have been paid to another person, petitioner shall make such payment to such person and shall hold the County of Nassau free and harmless from any duplicate payment of a tax refund. Dated: Mineola, New York February 14, 2019 CRONIN & CRONIN LAW FIRM, PLLC 200 Old Country Road Mineola, New York 11501 Tel. No. (516) 747-2220 Attorneys for Petitio BY: SEAN M. CRONIN, ESQ. JARED A. KASSCHAU, ESQ. The undersigned certifies that, by County Attorney, Nassau County Resolution No.218/2001, dated Attorney for Respondents July 16, 2001, the Nassau County Legislature has authorized the execution of this Stipulation of Settlement. BY: AnnMargaret Barriga, Esq. Office of the Nassau County Attorney - Assessment Litigation Bureau Chief Property 3 12/17/2018 14:35 FAX 516 571 1692 Assessment Review Comm 0005/0006 OFFICE OF THE COUNTY ATTORNEY STIPULATION SETTLEMENT OR œNSE™T ORDER - SCHEDULE A Stipulation # 186314001-2002 Fax # (516) 747-2240 Economic Unit # 6314,001 725 CRONIN & CRONIN LAW FIRM, PLLC , Offer Date 12/17/2018 200 OLD COUNTRYROAD, STE 570 MINEOLA NY 11501 Proposed Assessments Economic Unit Totals Tazyr Original AV Proposed AV Reduction 2013/14 3,743 3,743 0 2014/15 2015/16 5,723 4,723 1,000 Proposed Aggessments Parcel 42 E 07580 . - ....____.... New fear original AV C1s Proposed AV Cls Reductior 2013/14 3,743 4 3,743 4 2014/15 3,743 4 3,743 4 . 0 2015/16 5,723 4 4,723 4 1,000 _............. .............. Proceedings Resolved Taxyr Writ# . Index # Calu Cut PETITIONBR ATTORNEY 2013/14 201428671 103 1 500 BROADWAYREALTY, LLC JRONIN & CRONIN LAN FIIUG PLLC ?014/15 201507435 402927 1 "600 BROADWAYREALT/, LLC" 2RONIN & CRONXNLAW FIRM, PLLC li/16 F1647845 403480 1 500 BROADNAYREALTY, LLC CRONIN & CRONIN LAN FIRM, PL ..__._... .. ...... ............ 3ales arcel Date Price Seller Buyer This offer expires on 01/16/2019 12/17/2018 Page 5 NASSAU COUNTY TAXABLE ASSESSED VALUE ESTINATE co No. ARC 186314001-2002 EUN: 6314,001 Exemptions and physical changes subject to Department of Assessment final review ca Parcel 42 E 07560 Original Assessment Parcel 42 E 07580 corrected Assessment Year Total AV Physic Trans Exampt Code Sc ol Ger Year Total AV Physic Trans Exempt Code School al Taxable Taxabic al Taxable Taxabi 5013/14 3,743 3,743 3,743 2013/14 3,743 3,743 .3,74s 5014/15 3,743 178 3,565 3,565 2014/15 3,743 178 3,563 3,5 5 ¼015/T6 5,723 1,980 5,723 5,723 2015/16 4,723 980 4,723 4,72 Nassau County Taxable Assessed Value Computation S raxpayer' a counsel s This estimate is provided as a and is an attachment to a Nassau of fer of courtesy County reduction. Final calculations will be made by the Department of Assessment. 2.eceiver of Taxes: This schedule is valid for issuance of a corrected tax bill only when submitted to you by the Nassau 50 County Assessment Review Commission as an attachment to an ARC Determination(AR90), or when it is incorporated into a ®< stipulation of settlement or consent order signed by a Deputy County Attorney. o o o O .C Attachment to: AR70/AR90 Prepared Bys DU Page 1 of 1 12/17/2018