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GRIFFIN, COOGAN, SULZER & HORGAN, P.C.
ATTORNEYS AND COUNSELORS AT LAW
5! PONDFIELD ROAD
BR NEW ¥
JAMES M, COOGAN ONXVILLE, NE ORK 10708 WILLIAM E, GRIFFIN
WILLIAM E. SULZER (ALSO NU) 1932-2012
TELEPHONE (914) 961-1300
MICHAEL F. HORGAN, JR. [ALSO CT)
FAX (914) 771-7298
KEVIN M. BRADY, UR, WWW.GCSHLAW.COM
KATHLEEN M, MERRIGAN
August 4, 2015
Ms. Kathleen Stradling
Associate Court Clerk
Chambers of the Honorable Bruce E. Tolbert
111 Dr. Martin Luther King Jr., Bivd.
White Plains, New York 10601
Re: Tarry-Eim Associates LLC v. Village of Elmsford
Index No.(s): 56813/15
Dear Ms. Stradling:
Enclosed please find two (2) copies of the Consent Judgment for the above-
captioned matter that have been signed by the attorneys for the respective parties.
Please present the original to Judge Tolbert for his signature. The Rul (s) have been
filed and copies are enclosed.
After the Consent Judgment has been signed, please conform the duplicate copy
to the date of entry and return same to me in the self-addressed, stamped envelope
enclosed.
Thank you for your attention to this matter.
Vel UL.
ld. Tabcorp
William E. Sulzer
WES/df
Enclosures
4038/5535(PILED: WESTCHESTER COUNTY CLERK 08704/2015 08:29 AM INDEX NO. 56813/2015
SORF Dt NO. 3 RECEIVED NYS¥BUREOS50/f6Ad 2015
REQUEST FOR JUDICIAL INTERVENTION ___ For Court Clerk Use Only:
UCS-840 (3/2011) TAS Entry Date
Supreme COURT, COUNTY OF WESTCHESTER
“Judge Assigned
Index No: _56813/15 Date Index issued: April 21, 2015
Rar ate
TARRY-ELM ASSOCIATES LLC
Piaintiff(s)/Petitloner(s)
-against-
THE VILLAGE OF ELMSFORD,
ITS ASSESSOR AND BOARD OF ASSESSMENT REVIEW
Defendant(s)/Respondent(s)
Re Seca
aa
MATRIMONIAL |COMMERCIAL
‘© Contested ‘© Business Entity (including corporations, partnerships, LLCs, etc.)
© uncontested © Contract
NOTE: For all Matrimonial actions where the perties have children under |) Insurance (where insurer Is a party, except arbitration)
the age of 18, complete and attach the MATRIMONIAL Rul Addendum. | ©) UCC (including sales, negotiable instruments)
TORTS © other Commercial:
© Asbestos {specity)
© Breast implant NOTE: For Commercial Division assignment requests [22 NYCRR §
O Environmental: 202,70(d)), complete and attach the COMMERCIAL DIV RJl Addendum.
(specity) REAL PROPERTY: _. How many properties does the ap) include?
© Medical, Dental, or Podiatric Malpractice ‘© Condemnation
© Motor Vehicle © Foreclosure
© Products Liability: Property Address:
(specify) ‘Street Address City ‘State Zip
© Other Negligence: NOTE: For Foreclosure actions involving a one- to four-family, owner-
(specify occupied, residential property, or an owner-occupied condominium,
© other Professional Malpractice: complete and attach the FORECLOSURE Rul Addendum.
(seein) © Tax Certiorari - Section: Block: Lot:
O other Tort: © other Res! Property:
‘epedty) (erecivy
OTHER MATTERS. ee SPECIAL PROCEEDINGS
© Certificate of incorporation/Dissolution (see NOTE undar Commercial) |) CPLR Article 75 (Arbitration) [see NOTE under Commercial]
© Emergency Medical Treatment © cL Article 78 (Body or Officer)
© Habeas Corpus O Election taw
© Local Court Appeal © MHL Article 9.60 (Kendra's Law)
© Mechanic's Lien © MHL Article 10 (Sex Offender Confinement-tnitia!)
© Name Change © MHL Article 10 (Sex Offender Confinement-Review)
© Pistol Permit Revocation Hearing © MHL Articte 81 (Guardianship)
O Sale or Finance of Religious/Not-for-Profit Property © Other Mental Hygiene:
© Otter: (specity)
(speci) © other special Proceeding:
Has a summons and complaint or summons winotice been filed? © © tryes, date fited:
{s this action/proceeding being filed post-judgment? © © tyes, judgment date:(NATO
REOF JUDICH
‘© infant's Compromise
© Note of issue and/or Certificate of Readiness
O Notice of Medical, Dental, or Podiatric Malpractice
© Notice of Motion
© Notice of Petition
© order to Show Cause
© other Ex Parte Application
© Poor Person Application
© Request tor Preliminary Conterence
© Residential Mortgage Foreclosure Settlement Conference
© whit of Habeas Corpus
@ Other (specity): SETTLED.
L INTERVENTION:
Relief Saught: Altemate Service
Relief Sought: Altemate Service
temate Service
Relief Soug!
Relief Sought: Alternate Service
Date Issue Joined:
FG
Retum Date:
Retum Date:
Retum Date:
REL !
Case Title Index/Case No. Court Judge. (if assigned) Relationship to instant “Case
PAR’ VES AND ee
Un- Tet parias fh caplovoneran issue
,_ [Provide name, firm name, business address, phone number and e-mail joined | insurance Carrier(s):
Rep erage ara (6.9. defendant: | adress of al attorneys that have appeared in the case. even:
TARRY-ELM ASSOCIATES LLG
Last Namo First Name
Griffin, Coogan, Sulzer & Horgan, P.C. JOves
oO Primary Role: si Bondticla Rod
Plaintift cet Bronwitle, NY 10708"
Secondary Role tf any: (No
ste Prone 914-961-1300 Fax eat
‘THE VILLAGE OF ELMSFORD, Peter Carparelli, Esq,
Town Hait™*4#™* Fist Home ves
177 Hillside Avenue
O Primary Rote: Greenburgh, New York 10607
Respondent eet ade
‘City ‘Stato Zp
secondary Rete (any: = (Oxo
prone 914-993-1546 pas e-mail
Last Name Fiat Name ves
oO Firm Name
‘Streot Address: State Zp
Secondary Role (any oy (Oxo
Phone fax eat
Last Name Last Name First Name ves
Ficst Namo Firm Name
oO Primary Role:
certenee ‘Strest Address: Clty ‘State Zip
‘Secondary Role (if any): (no
Phone Fax mat
| AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND
HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A Ondbalin FOR JUDICIAL INTER'
FILED IN THIS ACTION OR PROCEEDING.
INTION PREVIOUSLY BEEN
pon ula é Ly Go
BRONXVILLE, NEW YORK
. August 3, 2015
Dated:
Cdl ie
2857357 cant gan, Sulzer & Py cn
ATTORNEY REGISTRATION NUMBER: PRINT OR TYPE NAMEAt an IAS Term of the Supreme Court of the
State of New York held in and for the County of
Westchester, at 111 Dr. Martin Luther King, Jr.,
Blvd., White Plains, New York.
PRESENT:
HON. BRUCE E. TOLBERT,
Justice.
neneanennnennnnnannunenunnasenennnunesennennennecnenenenennenneenneren xX
In the Matter of the Application of
CONSENT
TARRY-ELM ASSOCIATES LLC, JUDGMENT
Petitioner,
Index Nos.
-against-
56813/15
THE ASSESSOR OF THE VILLAGE OF ELMSFORD,
THE BOARD OF REVIEW OF THE VILLAGE OF
ELMSFORD and THE VILLAGE OF ELMSFORD,
Respondents,
For Review Under Article 7 of the RPTL.
anon -- aX
The above Petitioner having heretofore served and filed the Petition and
Notice to review the tax assessments fixed by the Village of Elmsford for the 2015
assessment year upon certain real property located at 5 West Main Street, Village of
Elmsford, and designated as Section 5.20, Block 16, Lot 2 on the Official Assessmenit
Map of the Village of Elmsford, and upon certain real property located at 5 West Main
Street, Village of Elmsford, and designated as Section 5.20, Block 16, Lot 3 on the
Official Assessment Map of the Village of Elmsford, and upon certain real property
located at 5 West Main Street, Village of Elmsford, and designated as Section 5.20,
Block 16, Lot 8 on the Official Assessment Map of the Village of Elmsford, and upon
certain real property located at North Main Street, Villiage of Elmsford, and designatedas Section 5.20, Block 16, Lot 9 on the Official Assessment Map of the Village of
Elmsford, and upon certain real property located at 3 West Main Street, Village of
Elmsford, and designated as Section 5.20, Block 16, Lot 13 on the Official Assessment
Map of the Village of Elmsford, and
The issues of these proceedings having duly come on for trial atan IAS Term
of this Court, and the petitioner having appeared by WILLIAM E. SULZER, ESQ., of Griffin,
Coogan, Sulzer & Horgan, P.C., and the respondents having appeared by PETER
CARPARELLI , ESQ., Village Attorney; and the parties having made their settlement, it is
ORDERED, ADJUDGED AND DECREED, that the assessment on the
above-referenced property be and the same is hereby reduced, corrected and fixed for the
assessment years as follows:
Section 5.20, Block 16, Lot 2
Assess. Assessed Valuation Amount of
Year Reduced From Reduced To Reduction
2015 141,600 133,600 8,000
Section 5.20, Block 16, Lot 3
Assess. Assessed Valuation Amount of
Year Reduced From Reduced To Reduction
2015 134,400 126,830 7,570
Section 5.20, Block 16, Lot 8
Assess. Assessed Valuation Amount of
Year, Reduced From Reduced To Reduction
2015 1,250 1,250 @Section 5.20, Block 16, Lot 9
Assess. Assessed Valuation Amount of
Year Reduced From Reduced To Reduction
2015 100 100 @
Section 5.20, Block 16, Lot 13
Assess. Assessed Valuation Amount of
Year Reduced From Reduced To Reduction
2015 120 120 @
and so reduced and confirmed, it is further
ORDERED, ADJUDGED AND DECREED, that the officer or officers having
custody of the assessment rolls upon which the above-mentioned assessments and any
taxes levied thereon are entered shall correct the said entries in conformity with this Order
and shall note upon the margin of said rolls, opposite of said entries, that the same have
been corrected by the authority of this order, and it is further
ORDERED, ADJUDGED AND DECREED, that there shall be audited,
allowed and paid to the petitioner by the VILLAGE OF ELMSFORD the amount of Village
taxes, together with the proportionate share of any interest or penalty paid by reason of
delinquent payment of any excess taxes, paid by the petitioner as taxes against the said
erroneous assessments in excess of what the taxes would have been if the said
assessments made in the aforesaid years had been determined by this Order, together
with interest thereon from the date of payment thereof as provided by statute, and it is
further
ORDERED, ADJUDGED AND DECREED, that all tax refunds are to be paid
3with interest pursuant to §726 of the Real Property Tax Law of the State of New York;
provided, however, interest shall be waived in the event that payment is made within sixty
(60) days from the date of service of this Order, with notice of entry, and it is further
ORDERED, ADJUDGED AND DECREED, that all tax refunds hereinabove
directed to be made by respondent, the VILLAGE OF ELMSFORD and/or any of the
various taxing authorities, be made by check or draft payable to the order of GRIFFIN,
COOGAN, SULZER & HORGAN, P.C.., as attorneys for the petitioners, who are to hold the
proceeds as trust funds for appropriate distribution, and who are to remain subject to the
further jurisdiction of this Court in regard to their attorney's lien, pursuant to Judiciary Law
§475 and it is further
ORDERED, ADJUDGED AND DECREED, that this Order hereby constitutes
and represents full settlement of each of the tax review proceedings herein, and there are
no costs or allowances awarded to, by or against any of the parties, and that upon
compliance with the terms of this Order, the above-entitled proceedings be and the same
are settled and discontinued.Dated:
ENTER,
HON. BRUCE E. TOLBERT, J.S.C.
SIGNING AND ENTRY OF THE WITHIN
ORDER IS HEREBY CONSENTED TO:
Attorney for Respondents
Greenburgh Town Hall
177 Hillside Avenue
Greenburgh, New York 10607
(914) 993-1546
WILLIAM E. Ze EsQ.
Griffin, Coogan, Sulzer & Horgan, P.C.,
Attorneys for Petitioner
51 Pondfield Road
Bronxville, New York 10708
(914) 961-1300
Preview
GRIFFIN, COOGAN, SULZER & HORGAN, P.C. ATTORNEYS AND COUNSELORS AT LAW 5! PONDFIELD ROAD BR NEW ¥ JAMES M, COOGAN ONXVILLE, NE ORK 10708 WILLIAM E, GRIFFIN WILLIAM E. SULZER (ALSO NU) 1932-2012 TELEPHONE (914) 961-1300 MICHAEL F. HORGAN, JR. [ALSO CT) FAX (914) 771-7298 KEVIN M. BRADY, UR, WWW.GCSHLAW.COM KATHLEEN M, MERRIGAN August 4, 2015 Ms. Kathleen Stradling Associate Court Clerk Chambers of the Honorable Bruce E. Tolbert 111 Dr. Martin Luther King Jr., Bivd. White Plains, New York 10601 Re: Tarry-Eim Associates LLC v. Village of Elmsford Index No.(s): 56813/15 Dear Ms. Stradling: Enclosed please find two (2) copies of the Consent Judgment for the above- captioned matter that have been signed by the attorneys for the respective parties. Please present the original to Judge Tolbert for his signature. The Rul (s) have been filed and copies are enclosed. After the Consent Judgment has been signed, please conform the duplicate copy to the date of entry and return same to me in the self-addressed, stamped envelope enclosed. Thank you for your attention to this matter. Vel UL. ld. Tabcorp William E. Sulzer WES/df Enclosures 4038/5535(PILED: WESTCHESTER COUNTY CLERK 08704/2015 08:29 AM INDEX NO. 56813/2015 SORF Dt NO. 3 RECEIVED NYS¥BUREOS50/f6Ad 2015 REQUEST FOR JUDICIAL INTERVENTION ___ For Court Clerk Use Only: UCS-840 (3/2011) TAS Entry Date Supreme COURT, COUNTY OF WESTCHESTER “Judge Assigned Index No: _56813/15 Date Index issued: April 21, 2015 Rar ate TARRY-ELM ASSOCIATES LLC Piaintiff(s)/Petitloner(s) -against- THE VILLAGE OF ELMSFORD, ITS ASSESSOR AND BOARD OF ASSESSMENT REVIEW Defendant(s)/Respondent(s) Re Seca aa MATRIMONIAL |COMMERCIAL ‘© Contested ‘© Business Entity (including corporations, partnerships, LLCs, etc.) © uncontested © Contract NOTE: For all Matrimonial actions where the perties have children under |) Insurance (where insurer Is a party, except arbitration) the age of 18, complete and attach the MATRIMONIAL Rul Addendum. | ©) UCC (including sales, negotiable instruments) TORTS © other Commercial: © Asbestos {specity) © Breast implant NOTE: For Commercial Division assignment requests [22 NYCRR § O Environmental: 202,70(d)), complete and attach the COMMERCIAL DIV RJl Addendum. (specity) REAL PROPERTY: _. How many properties does the ap) include? © Medical, Dental, or Podiatric Malpractice ‘© Condemnation © Motor Vehicle © Foreclosure © Products Liability: Property Address: (specify) ‘Street Address City ‘State Zip © Other Negligence: NOTE: For Foreclosure actions involving a one- to four-family, owner- (specify occupied, residential property, or an owner-occupied condominium, © other Professional Malpractice: complete and attach the FORECLOSURE Rul Addendum. (seein) © Tax Certiorari - Section: Block: Lot: O other Tort: © other Res! Property: ‘epedty) (erecivy OTHER MATTERS. ee SPECIAL PROCEEDINGS © Certificate of incorporation/Dissolution (see NOTE undar Commercial) |) CPLR Article 75 (Arbitration) [see NOTE under Commercial] © Emergency Medical Treatment © cL Article 78 (Body or Officer) © Habeas Corpus O Election taw © Local Court Appeal © MHL Article 9.60 (Kendra's Law) © Mechanic's Lien © MHL Article 10 (Sex Offender Confinement-tnitia!) © Name Change © MHL Article 10 (Sex Offender Confinement-Review) © Pistol Permit Revocation Hearing © MHL Articte 81 (Guardianship) O Sale or Finance of Religious/Not-for-Profit Property © Other Mental Hygiene: © Otter: (specity) (speci) © other special Proceeding: Has a summons and complaint or summons winotice been filed? © © tryes, date fited: {s this action/proceeding being filed post-judgment? © © tyes, judgment date:(NATO REOF JUDICH ‘© infant's Compromise © Note of issue and/or Certificate of Readiness O Notice of Medical, Dental, or Podiatric Malpractice © Notice of Motion © Notice of Petition © order to Show Cause © other Ex Parte Application © Poor Person Application © Request tor Preliminary Conterence © Residential Mortgage Foreclosure Settlement Conference © whit of Habeas Corpus @ Other (specity): SETTLED. L INTERVENTION: Relief Saught: Altemate Service Relief Sought: Altemate Service temate Service Relief Soug! Relief Sought: Alternate Service Date Issue Joined: FG Retum Date: Retum Date: Retum Date: REL ! Case Title Index/Case No. Court Judge. (if assigned) Relationship to instant “Case PAR’ VES AND ee Un- Tet parias fh caplovoneran issue ,_ [Provide name, firm name, business address, phone number and e-mail joined | insurance Carrier(s): Rep erage ara (6.9. defendant: | adress of al attorneys that have appeared in the case. even: TARRY-ELM ASSOCIATES LLG Last Namo First Name Griffin, Coogan, Sulzer & Horgan, P.C. JOves oO Primary Role: si Bondticla Rod Plaintift cet Bronwitle, NY 10708" Secondary Role tf any: (No ste Prone 914-961-1300 Fax eat ‘THE VILLAGE OF ELMSFORD, Peter Carparelli, Esq, Town Hait™*4#™* Fist Home ves 177 Hillside Avenue O Primary Rote: Greenburgh, New York 10607 Respondent eet ade ‘City ‘Stato Zp secondary Rete (any: = (Oxo prone 914-993-1546 pas e-mail Last Name Fiat Name ves oO Firm Name ‘Streot Address: State Zp Secondary Role (any oy (Oxo Phone fax eat Last Name Last Name First Name ves Ficst Namo Firm Name oO Primary Role: certenee ‘Strest Address: Clty ‘State Zip ‘Secondary Role (if any): (no Phone Fax mat | AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A Ondbalin FOR JUDICIAL INTER' FILED IN THIS ACTION OR PROCEEDING. INTION PREVIOUSLY BEEN pon ula é Ly Go BRONXVILLE, NEW YORK . August 3, 2015 Dated: Cdl ie 2857357 cant gan, Sulzer & Py cn ATTORNEY REGISTRATION NUMBER: PRINT OR TYPE NAMEAt an IAS Term of the Supreme Court of the State of New York held in and for the County of Westchester, at 111 Dr. Martin Luther King, Jr., Blvd., White Plains, New York. PRESENT: HON. BRUCE E. TOLBERT, Justice. neneanennnennnnnannunenunnasenennnunesennennennecnenenenennenneenneren xX In the Matter of the Application of CONSENT TARRY-ELM ASSOCIATES LLC, JUDGMENT Petitioner, Index Nos. -against- 56813/15 THE ASSESSOR OF THE VILLAGE OF ELMSFORD, THE BOARD OF REVIEW OF THE VILLAGE OF ELMSFORD and THE VILLAGE OF ELMSFORD, Respondents, For Review Under Article 7 of the RPTL. anon -- aX The above Petitioner having heretofore served and filed the Petition and Notice to review the tax assessments fixed by the Village of Elmsford for the 2015 assessment year upon certain real property located at 5 West Main Street, Village of Elmsford, and designated as Section 5.20, Block 16, Lot 2 on the Official Assessmenit Map of the Village of Elmsford, and upon certain real property located at 5 West Main Street, Village of Elmsford, and designated as Section 5.20, Block 16, Lot 3 on the Official Assessment Map of the Village of Elmsford, and upon certain real property located at 5 West Main Street, Village of Elmsford, and designated as Section 5.20, Block 16, Lot 8 on the Official Assessment Map of the Village of Elmsford, and upon certain real property located at North Main Street, Villiage of Elmsford, and designatedas Section 5.20, Block 16, Lot 9 on the Official Assessment Map of the Village of Elmsford, and upon certain real property located at 3 West Main Street, Village of Elmsford, and designated as Section 5.20, Block 16, Lot 13 on the Official Assessment Map of the Village of Elmsford, and The issues of these proceedings having duly come on for trial atan IAS Term of this Court, and the petitioner having appeared by WILLIAM E. SULZER, ESQ., of Griffin, Coogan, Sulzer & Horgan, P.C., and the respondents having appeared by PETER CARPARELLI , ESQ., Village Attorney; and the parties having made their settlement, it is ORDERED, ADJUDGED AND DECREED, that the assessment on the above-referenced property be and the same is hereby reduced, corrected and fixed for the assessment years as follows: Section 5.20, Block 16, Lot 2 Assess. Assessed Valuation Amount of Year Reduced From Reduced To Reduction 2015 141,600 133,600 8,000 Section 5.20, Block 16, Lot 3 Assess. Assessed Valuation Amount of Year Reduced From Reduced To Reduction 2015 134,400 126,830 7,570 Section 5.20, Block 16, Lot 8 Assess. Assessed Valuation Amount of Year, Reduced From Reduced To Reduction 2015 1,250 1,250 @Section 5.20, Block 16, Lot 9 Assess. Assessed Valuation Amount of Year Reduced From Reduced To Reduction 2015 100 100 @ Section 5.20, Block 16, Lot 13 Assess. Assessed Valuation Amount of Year Reduced From Reduced To Reduction 2015 120 120 @ and so reduced and confirmed, it is further ORDERED, ADJUDGED AND DECREED, that the officer or officers having custody of the assessment rolls upon which the above-mentioned assessments and any taxes levied thereon are entered shall correct the said entries in conformity with this Order and shall note upon the margin of said rolls, opposite of said entries, that the same have been corrected by the authority of this order, and it is further ORDERED, ADJUDGED AND DECREED, that there shall be audited, allowed and paid to the petitioner by the VILLAGE OF ELMSFORD the amount of Village taxes, together with the proportionate share of any interest or penalty paid by reason of delinquent payment of any excess taxes, paid by the petitioner as taxes against the said erroneous assessments in excess of what the taxes would have been if the said assessments made in the aforesaid years had been determined by this Order, together with interest thereon from the date of payment thereof as provided by statute, and it is further ORDERED, ADJUDGED AND DECREED, that all tax refunds are to be paid 3with interest pursuant to §726 of the Real Property Tax Law of the State of New York; provided, however, interest shall be waived in the event that payment is made within sixty (60) days from the date of service of this Order, with notice of entry, and it is further ORDERED, ADJUDGED AND DECREED, that all tax refunds hereinabove directed to be made by respondent, the VILLAGE OF ELMSFORD and/or any of the various taxing authorities, be made by check or draft payable to the order of GRIFFIN, COOGAN, SULZER & HORGAN, P.C.., as attorneys for the petitioners, who are to hold the proceeds as trust funds for appropriate distribution, and who are to remain subject to the further jurisdiction of this Court in regard to their attorney's lien, pursuant to Judiciary Law §475 and it is further ORDERED, ADJUDGED AND DECREED, that this Order hereby constitutes and represents full settlement of each of the tax review proceedings herein, and there are no costs or allowances awarded to, by or against any of the parties, and that upon compliance with the terms of this Order, the above-entitled proceedings be and the same are settled and discontinued.Dated: ENTER, HON. BRUCE E. TOLBERT, J.S.C. SIGNING AND ENTRY OF THE WITHIN ORDER IS HEREBY CONSENTED TO: Attorney for Respondents Greenburgh Town Hall 177 Hillside Avenue Greenburgh, New York 10607 (914) 993-1546 WILLIAM E. Ze EsQ. Griffin, Coogan, Sulzer & Horgan, P.C., Attorneys for Petitioner 51 Pondfield Road Bronxville, New York 10708 (914) 961-1300