Preview
FILED: SUFFOLK COUNTY CLERK 04/09/2024 10:30 AM INDEX NO. 608909/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_______________ --_______-- _______________________
IN THE MATTER OF THE APPLICATION OF NOTICE OF
PETITION
IANNIELLO THOMAS J
Tax year: 2018/19
Petitioner(s)
Index #
- against -
Assessor of the Town of Brookhaven, and theBrookhaven Board of
Assessment Review
Respondents,
for an order reviewing the assessment of certain real property
situated in the Town of Brookhaven, New York
TO THE RESPONDENTS NAMED WITHIN:
PLEASE TAKE NOTICE that upon the annexed verified petition, an application will be made,
pursuant to the provisions of the Real Property Tax Law, at a Special Term for Tax Certiorari of this
Court, to be held at the courthouse themof on 10/1/2018 at 9:30 a.m., or as soon thereafter as
counsel can be heard, for the relief prayed for in said petition, upon the grounds set forth therein,
and for such other and further relief as may be just and proper in the premises.
Dated: 7/16/2018 Yours, etc.
Babylon, NY
To: TAX ASSESSOR RE1LLY, LIKE & TENETY
Town of Brookhaven Vincent C. Tenety
One Independence Hill Attorneys for Petitioner
Brookhaven, NY 11738 179 Little East Neck Road N.
Babylon, N.Y. 11702
RLT ID: O 18906 / N 258639
1 of 4
FILED: SUFFOLK COUNTY CLERK 04/09/2024 10:30 AM INDEX NO. 608909/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_ - - - - - - - - - - _ _ __ - - - _ - - - - __ ___ - - - - - - - - __ _ - - - - - __ - - -
PETITION
IN THE MATTER OF THE APPLICATION OF
IANNIELLO THOMAS J
Tax year: 2018/19
Petitioner(s)
Index #
- against -
ASSESSOR OF THE Town OF Brookhaven, AND THE Brookhaven
BOARD OF ASSESSMENT REVIEW
Respondents.
for an order reviewing the assessment of certain real property situated
in the Town of Brookhaven, NEW YORK
The petitioner(s) above named by their attorney, REILLY, LIKE & TENETY respectfully alleges as
follows:
1. At all times herein mentioned, Petitioners were and still are taxpayers of the municipality whose
Board of Assessors is the Respondent herein (hereinafter referred to as "the assessing
jurisdiction") and are aggrieved party with respect to their assessments within the meaning of
Section 706, Real Property Tax Law, State of New York.
2. The Respondent, as Tax Assessor of the Town of Brookhaven, is authorized to assess real
property in said Town for the purpose of taxation.
3. The tax map designation, actual assessment as same appear on the assessment rolls in the Town
of Brookhaven, Suffolk County, and are detailed as follows:
200 sECTION 97 BLOCK
Assessed value: 3400
RLT ID: O 18906 / N 258639
2 of 4
FILED: SUFFOLK COUNTY CLERK 04/09/2024 10:30 AM INDEX NO. 608909/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
4. That on or about 5/10/2018, Petitioner protested said assessment by filing with Respondent a
written application for correction of assessed valuation, in which application was included a
statement, under oath, specifying the respects in which the assessment complained of was
incorrect and protesting against the same, in accordance with the requirements of Real
Property Tax Law of the State of New York, and asking for a reduction of such assessment
against the said real estate from 3400 to 340 and the said protest was received by, and filed
with said Assessor and the Board of Assessment Review and the same was before him within
the period appointed for the making of such complaint. The said statements contained in said
application or protest thus submitted to the said Assessor were true. The said Assessment
Board of Review and Assessor refused, and still refuses to correct or reduce the assessment,
and the said Assessor did fix the final assessment at as provided above. The said application
and statement is hereby referred to and made a part of this Petition as though fully set forth
herein.
5. Thereafter and within the time limited by law, the Assessor finally completed his assessment
roll, and duly made and subscribed his oath thereto, and a certified copy thereof was duly filed
and notice thereof duly published and posted in accordance with law, wherein your Petitioner's
real property is assessed on said assessment roll as hereinbefore set forth.
6. The said assessment, as it appears on the assessment roll as finally completed and filed, as
aforesaid, is erroneous, illegal and unjust by reason of excessive assessment, in that Petitioner's
property is assessed at the sum shown herein, which represents an excessive assessment of as
therein provided, and the assessed valuation should be reduced to the values also set forth
herein.
7. The assessment is unlawful in that it has been made contrary to law.
8. The assessment is unequal in that it has been made in violation of Real Property Tax Law S305
(2) and at a higher proportionate valuation than the assessment of other properties in the same
assessing unit for the same year; such inequality exists not only in specific instances, but
generally throughout the Town of Brookhaven. Petitioner specifies as the instances in which
such inequality exists, all other property within said Town of Brookhaven, assessed upon said
assessment rolls, other than the said property of Petitioner.
9. Upon information and belief, the Petitioner is aggrieved and injured by said excessive
assessment and will be injured thereby, and will be required to pay taxes which it would not be
required by law to pay, if said assessment bad been made correctly and properly, and such
unjust and excessive assessment will subject the Petitioner to the payment of more taxes than it
is legally required to pay.
10. Thirty (30) days have not elapsed since the final completion and filing of the assessment roll
and the giving of notice thereof as required by law.
11. No other application has been made to this or any other court for the relief asked for herein.
RLT ID: O 18906 / N 258639
3 of 4
FILED: SUFFOLK COUNTY CLERK 04/09/2024 10:30 AM INDEX NO. 608909/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
WHEREFORE, Petitioner prays for an Order directed to the said Assessor, commanding him to certify and
return to this Court all and singular his proceedings, decisions and actions had and made in the premises,
with dates thereof, and all and singular the examinations, evidence, documents, records and papers before
him or which were submitted to him concerning said matter, with his rulings or decisions made by him
thereupon, and all other actions in relation thereto, to the end that the said decisions and actions of said
Assessor may be reviewed and corrected on the merits of this Court; that said errors may be corrected
according to law; that said assessment is erroneous, illegal and excessive; and that Petitioner may have such
other and further relief as to the Court may deem just and proper.
Dated: Babylon, New York
July 16, 2018
REILLY, LME TENETY
Attorneys for Petitioner
179 Little East Neck Road N.
Babylon, NY 11702
STATE OF NEW YORK)
: SS.
COUNTY OF SUFFOLK
I, the undersigned at attorney admitted to practice in the Courts of the State of New York, state that I am the
attorney of record and agent for the Petitioner in the within action; I have read the foregoing Petition and
know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to
be alleged on information and belief, and as to those matters, I believe them to be true. The reason this
verification is made by me and not by Petitioner(s) is that all the material allegations (except as to those
matters of public record) of said Petition are within my personal knowledge. Under the penalty of perjury, I
affirm the foregoing statements to be true.
Vincent C. Tenety
Dated: Babylon, New York
July 16, 2018
Sworn to before me 7/16/2018
Notary Pu ic
Notary Public State of New York No. 01BO4747440
Qualified in Suffolk County
Commission Expires October 31, 2021
RLT ID: O 18906 / N 258639
4 of 4
Preview
FILED: SUFFOLK COUNTY CLERK 04/09/2024 10:30 AM INDEX NO. 608909/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _______________ --_______-- _______________________ IN THE MATTER OF THE APPLICATION OF NOTICE OF PETITION IANNIELLO THOMAS J Tax year: 2018/19 Petitioner(s) Index # - against - Assessor of the Town of Brookhaven, and theBrookhaven Board of Assessment Review Respondents, for an order reviewing the assessment of certain real property situated in the Town of Brookhaven, New York TO THE RESPONDENTS NAMED WITHIN: PLEASE TAKE NOTICE that upon the annexed verified petition, an application will be made, pursuant to the provisions of the Real Property Tax Law, at a Special Term for Tax Certiorari of this Court, to be held at the courthouse themof on 10/1/2018 at 9:30 a.m., or as soon thereafter as counsel can be heard, for the relief prayed for in said petition, upon the grounds set forth therein, and for such other and further relief as may be just and proper in the premises. Dated: 7/16/2018 Yours, etc. Babylon, NY To: TAX ASSESSOR RE1LLY, LIKE & TENETY Town of Brookhaven Vincent C. Tenety One Independence Hill Attorneys for Petitioner Brookhaven, NY 11738 179 Little East Neck Road N. Babylon, N.Y. 11702 RLT ID: O 18906 / N 258639 1 of 4 FILED: SUFFOLK COUNTY CLERK 04/09/2024 10:30 AM INDEX NO. 608909/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _ - - - - - - - - - - _ _ __ - - - _ - - - - __ ___ - - - - - - - - __ _ - - - - - __ - - - PETITION IN THE MATTER OF THE APPLICATION OF IANNIELLO THOMAS J Tax year: 2018/19 Petitioner(s) Index # - against - ASSESSOR OF THE Town OF Brookhaven, AND THE Brookhaven BOARD OF ASSESSMENT REVIEW Respondents. for an order reviewing the assessment of certain real property situated in the Town of Brookhaven, NEW YORK The petitioner(s) above named by their attorney, REILLY, LIKE & TENETY respectfully alleges as follows: 1. At all times herein mentioned, Petitioners were and still are taxpayers of the municipality whose Board of Assessors is the Respondent herein (hereinafter referred to as "the assessing jurisdiction") and are aggrieved party with respect to their assessments within the meaning of Section 706, Real Property Tax Law, State of New York. 2. The Respondent, as Tax Assessor of the Town of Brookhaven, is authorized to assess real property in said Town for the purpose of taxation. 3. The tax map designation, actual assessment as same appear on the assessment rolls in the Town of Brookhaven, Suffolk County, and are detailed as follows: 200 sECTION 97 BLOCK Assessed value: 3400 RLT ID: O 18906 / N 258639 2 of 4 FILED: SUFFOLK COUNTY CLERK 04/09/2024 10:30 AM INDEX NO. 608909/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 4. That on or about 5/10/2018, Petitioner protested said assessment by filing with Respondent a written application for correction of assessed valuation, in which application was included a statement, under oath, specifying the respects in which the assessment complained of was incorrect and protesting against the same, in accordance with the requirements of Real Property Tax Law of the State of New York, and asking for a reduction of such assessment against the said real estate from 3400 to 340 and the said protest was received by, and filed with said Assessor and the Board of Assessment Review and the same was before him within the period appointed for the making of such complaint. The said statements contained in said application or protest thus submitted to the said Assessor were true. The said Assessment Board of Review and Assessor refused, and still refuses to correct or reduce the assessment, and the said Assessor did fix the final assessment at as provided above. The said application and statement is hereby referred to and made a part of this Petition as though fully set forth herein. 5. Thereafter and within the time limited by law, the Assessor finally completed his assessment roll, and duly made and subscribed his oath thereto, and a certified copy thereof was duly filed and notice thereof duly published and posted in accordance with law, wherein your Petitioner's real property is assessed on said assessment roll as hereinbefore set forth. 6. The said assessment, as it appears on the assessment roll as finally completed and filed, as aforesaid, is erroneous, illegal and unjust by reason of excessive assessment, in that Petitioner's property is assessed at the sum shown herein, which represents an excessive assessment of as therein provided, and the assessed valuation should be reduced to the values also set forth herein. 7. The assessment is unlawful in that it has been made contrary to law. 8. The assessment is unequal in that it has been made in violation of Real Property Tax Law S305 (2) and at a higher proportionate valuation than the assessment of other properties in the same assessing unit for the same year; such inequality exists not only in specific instances, but generally throughout the Town of Brookhaven. Petitioner specifies as the instances in which such inequality exists, all other property within said Town of Brookhaven, assessed upon said assessment rolls, other than the said property of Petitioner. 9. Upon information and belief, the Petitioner is aggrieved and injured by said excessive assessment and will be injured thereby, and will be required to pay taxes which it would not be required by law to pay, if said assessment bad been made correctly and properly, and such unjust and excessive assessment will subject the Petitioner to the payment of more taxes than it is legally required to pay. 10. Thirty (30) days have not elapsed since the final completion and filing of the assessment roll and the giving of notice thereof as required by law. 11. No other application has been made to this or any other court for the relief asked for herein. RLT ID: O 18906 / N 258639 3 of 4 FILED: SUFFOLK COUNTY CLERK 04/09/2024 10:30 AM INDEX NO. 608909/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 WHEREFORE, Petitioner prays for an Order directed to the said Assessor, commanding him to certify and return to this Court all and singular his proceedings, decisions and actions had and made in the premises, with dates thereof, and all and singular the examinations, evidence, documents, records and papers before him or which were submitted to him concerning said matter, with his rulings or decisions made by him thereupon, and all other actions in relation thereto, to the end that the said decisions and actions of said Assessor may be reviewed and corrected on the merits of this Court; that said errors may be corrected according to law; that said assessment is erroneous, illegal and excessive; and that Petitioner may have such other and further relief as to the Court may deem just and proper. Dated: Babylon, New York July 16, 2018 REILLY, LME TENETY Attorneys for Petitioner 179 Little East Neck Road N. Babylon, NY 11702 STATE OF NEW YORK) : SS. COUNTY OF SUFFOLK I, the undersigned at attorney admitted to practice in the Courts of the State of New York, state that I am the attorney of record and agent for the Petitioner in the within action; I have read the foregoing Petition and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. The reason this verification is made by me and not by Petitioner(s) is that all the material allegations (except as to those matters of public record) of said Petition are within my personal knowledge. Under the penalty of perjury, I affirm the foregoing statements to be true. Vincent C. Tenety Dated: Babylon, New York July 16, 2018 Sworn to before me 7/16/2018 Notary Pu ic Notary Public State of New York No. 01BO4747440 Qualified in Suffolk County Commission Expires October 31, 2021 RLT ID: O 18906 / N 258639 4 of 4