On July 28, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
In The Matter Of The Application Of Carissa Estates Llc,
and
The Assessor Of The Town Of White Creek,
The Town Of White Creek,
for Real Property - Tax Certiorari
in the District Court of Washington County.
Preview
(FILED: WASHINGTON COUNTY CLERK 0172472022 I1:25 AM INDEX NO. EC2021-33163
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/24/2022
STATE OF NEW YORK.
SUPREME COURT COUNTY OF WASHINGTON
IN THE MATTER OF THE APPLICATION OF
CARISSA ESTATES, LLC
Petitioner,
-against-
THE ASSESSOR OF THE TOWN OF WHITE CREEK and
THE TOWN OF WHITE CREEK.
Respondents,
For a Review of the Tax Assessment under Article 7 of the Real Property ‘Tax Law for
Tax map No, 255.16-2-12
STIPULATION OF SETTLEMENT
Index No.: EC2021-33163
RIL No. 57-1-2021-0250
IT IS HEREBY STIPULATED and AGREED by and between David Brown, Member of
Petitioner and the Alan Wrigley, Esq. as the Attorney for the Respondents Assessor of the Town of White
Creek and the Town of White Creek, to the following terms and conditions:
1. That the Petitioner is the Owner of property described on the assessment rolls as tax map
No.
255.16-2-12, and commonly known as 58 North Park Street, White Creek, New York. [“Property”]
2.. That the Petitioner duly commenced a special proceeding pursuant to RPTL Article 7 to review
the Total Assessments of the Property for the Taxable Status Date of March 1, 2021/Final Assessment Roll
July 1, 2021 [*Tax Year 2021”)
3. That after review and discussion, it is agreed by and between the Petitioner and the Attomey for
the Respondents, that the RPTL Article 7 special proceedings now pending for the Tax Year 2021
is settled
and the assessment adjusted as follows
Final Assessment Roll Original Assessed Valu Stipulated Assessed Valu Reduction
July 1, 2021 $362,600.00 $249,100.00 $113,500.00
4. For the Tax Year 2021, the real property taxes paid by the Petitioner to (a) the Town of White
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INDEX NO. EC2021-33163
NYSCEF boc. NO. 14 RECEIVED NYSCEF: 01/24/2022
Creek and the Village of Cambridge (b) the County of Washington. the (c) Cambridge Central School
District, and (d) any Special Districts for which taxes are paid based on the assessed value for the Property
will be paid as a refund to the Petitioner by the (a) the Town of White Creek and the Village of Cambridge
(b) the County of Washington, the (c) Cambridge Central School District . and (d) any Special Districts if
applicable. The refund amount, if any, will be the difference in the amount paid by Petitioner in excess of the
amount which would have been paid had the assessment on Petitioner’s Property and the respective Tax Bills
been the Stipulated Assessed Value rather than the Original Assessed Value for Tax Year 2021.
5. The refund amount, if any, shall be refunded to Petitioner Carissa Estates, LLC with interest
pursuant to Real Property Tax Law section 726, unless the refunds are paid within 90 days‘of the service
of
the Stipulation and Order with Notice of Entry, in which case the interest is waived.
6. That the terms and conditions of Real Property Tax Law section 727 are incorporated into this
Stipulation by reference.
7. That the Petitioner may enter an order, on notice to the attomey for the Respondents, implementing
the terms of this Stipulation. Upon execution of the Order by the Court, and the compliance with the
refund
terms of this agreement, Petitioner agrees to discontinue all open proceedings brought by the
Petitioner for
the Tax Year 2021, without costs.
Dated: December [6 2021
Petitioner- Carissa Estates, LLC
wel £-j—
By: David Brown, Member
Dated: December a7 2021
Respondents- The Assessor Of The Town Of White Creed and the Town of White Creck
GHW AL
By: Alan Wrigley, Es. Afomey for Respondents
2 of 3
: INDEX NO. EC2021-33163
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/24/2022
PRESENT: HON. KATHLEEN B. HOGAN, J.S.C.
BE IT SO ORDERED, ADJUDGED AND DECREED
Youu 2. og
Dated at Saratoga Springs, New York thisQ4 Fay ee -
pathleen B. Hogafts.s.c.
—
Enter:
Sse Ue
01/24/2022
3 of 3
Document Filed Date
January 24, 2022
Case Filing Date
July 28, 2021
Category
Real Property - Tax Certiorari
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Preview
(FILED: WASHINGTON COUNTY CLERK 0172472022 I1:25 AM INDEX NO. EC2021-33163 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/24/2022 STATE OF NEW YORK. SUPREME COURT COUNTY OF WASHINGTON IN THE MATTER OF THE APPLICATION OF CARISSA ESTATES, LLC Petitioner, -against- THE ASSESSOR OF THE TOWN OF WHITE CREEK and THE TOWN OF WHITE CREEK. Respondents, For a Review of the Tax Assessment under Article 7 of the Real Property ‘Tax Law for Tax map No, 255.16-2-12 STIPULATION OF SETTLEMENT Index No.: EC2021-33163 RIL No. 57-1-2021-0250 IT IS HEREBY STIPULATED and AGREED by and between David Brown, Member of Petitioner and the Alan Wrigley, Esq. as the Attorney for the Respondents Assessor of the Town of White Creek and the Town of White Creek, to the following terms and conditions: 1. That the Petitioner is the Owner of property described on the assessment rolls as tax map No. 255.16-2-12, and commonly known as 58 North Park Street, White Creek, New York. [“Property”] 2.. That the Petitioner duly commenced a special proceeding pursuant to RPTL Article 7 to review the Total Assessments of the Property for the Taxable Status Date of March 1, 2021/Final Assessment Roll July 1, 2021 [*Tax Year 2021”) 3. That after review and discussion, it is agreed by and between the Petitioner and the Attomey for the Respondents, that the RPTL Article 7 special proceedings now pending for the Tax Year 2021 is settled and the assessment adjusted as follows Final Assessment Roll Original Assessed Valu Stipulated Assessed Valu Reduction July 1, 2021 $362,600.00 $249,100.00 $113,500.00 4. For the Tax Year 2021, the real property taxes paid by the Petitioner to (a) the Town of White 1 of 3 INDEX NO. EC2021-33163 NYSCEF boc. NO. 14 RECEIVED NYSCEF: 01/24/2022 Creek and the Village of Cambridge (b) the County of Washington. the (c) Cambridge Central School District, and (d) any Special Districts for which taxes are paid based on the assessed value for the Property will be paid as a refund to the Petitioner by the (a) the Town of White Creek and the Village of Cambridge (b) the County of Washington, the (c) Cambridge Central School District . and (d) any Special Districts if applicable. The refund amount, if any, will be the difference in the amount paid by Petitioner in excess of the amount which would have been paid had the assessment on Petitioner’s Property and the respective Tax Bills been the Stipulated Assessed Value rather than the Original Assessed Value for Tax Year 2021. 5. The refund amount, if any, shall be refunded to Petitioner Carissa Estates, LLC with interest pursuant to Real Property Tax Law section 726, unless the refunds are paid within 90 days‘of the service of the Stipulation and Order with Notice of Entry, in which case the interest is waived. 6. That the terms and conditions of Real Property Tax Law section 727 are incorporated into this Stipulation by reference. 7. That the Petitioner may enter an order, on notice to the attomey for the Respondents, implementing the terms of this Stipulation. Upon execution of the Order by the Court, and the compliance with the refund terms of this agreement, Petitioner agrees to discontinue all open proceedings brought by the Petitioner for the Tax Year 2021, without costs. Dated: December [6 2021 Petitioner- Carissa Estates, LLC wel £-j— By: David Brown, Member Dated: December a7 2021 Respondents- The Assessor Of The Town Of White Creed and the Town of White Creck GHW AL By: Alan Wrigley, Es. Afomey for Respondents 2 of 3 : INDEX NO. EC2021-33163 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/24/2022 PRESENT: HON. KATHLEEN B. HOGAN, J.S.C. BE IT SO ORDERED, ADJUDGED AND DECREED Youu 2. og Dated at Saratoga Springs, New York thisQ4 Fay ee - pathleen B. Hogafts.s.c. — Enter: Sse Ue 01/24/2022 3 of 3