Complaint,Petition: William Cotgreave v. Smithtown Town Of

On July 29, 2014 a Complaint,Petition was filed involving a dispute between William Cotgreave, and Smithtown Town Of, for Small Claims Assessment Review in the District Court of Suffolk County.

Preview
FILED: SUFFOLK COUNTY CLERK 07/29/2014 01:33 PM INDEX NO. 0700620/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/29/2014
RPTL 730 UCS 900 (Rev. 2/24/2006)
PETITION
SMALL CLAIMS ASSESSMENT REVIEW
IN COUNTIES OUTSIDE NEW YORK CITY
(one petition per parcel)

PART I
GENERAL INFORMATION

SUPREME COURT, COUNTY OF Suffolk

1. Filing # ___________________ Calendar # ________________

2. Assessing unit: Town of Smithtown

3. Date of final completion and filing of assessment roll July 23, 2014

(a) Total 13,285

(b) Exempt Amount N/A

4. Date of filing (or mailing) petition July 29, 2014

5. Name of owner or owners of property: William Cotgreave

Post Office Address: c/o TAX HAMMER, INC.

Telephone # SEE BELOW

6. If applicable, name and address of representative of owner, if representative is filing application:
(Owner must complete Designation of Representative section.)
TAX HAMMER, INC. 465 Route 25A Miller Place, NY 11764
Telephone #: (631) 205-0700

7. Description of property as it appears on the Assessment Roll.

Tax Map# 800 Section 126.00 Block 4.00 Lot 5.000

8. Location of property (street, road, highway number, and city, town, or village)
60 Croft Lane
Smithtown, NY 11787
PART II
GROUNDS FOR PETITION
A. Assessment requested on the complaint form filed with the Board of Assessment Review
1. Total assessment 6,642
2. Exempt amount, if any N/A
3. Taxable assessment 6,642

B. CALCULATION OF EQUALIZED VALUE AND MAXIMUM REDUCTION IN ASSESSMENT
1. [X] Property is NOT in a special assessing unit.
ASSESSED VALUE ÷ EQUALIZATION RATE = EQUALIZED VALUE
13,285 RAR: 1.37 $969,708
2. [ ] Property IS in a special assessing unit.
ASSESSED VALUE ÷ CLASS ONE RATIO = EQUALIZED VALUE

3. [X ] If the EQUALIZED VALUE exceeds $450,000, enter the ASSESSED VALUE here: 13,285
Multiply the ASSESSED VALUE by: .25
Enter the result here: 3,321
The result is the maximum total assessment request reduction allowable.
C. [X ]UNEQUAL ASSESSMENT: The total assessment is unequal because the property is assessed at a higher
percentage of full (market) value than (check one).
[ ] (a) the average of all other property on the assessment roll, or
[X ] (b) the average of residential property on the assessment roll.
Full (market) value of property: $ 727,281
Based on one or more of the following, petitioner believes this property should be assessed at
1.37 % of full (market) value:
1. [ ] The latest State equalization rate for the assessing unit in which the property is located (enter
latest equalization rate: _________%).
2. [X ] The latest residential assessment ratio for the assessing unit in which the property is located
(enter residential assessment ratio:1.37 %).
3. [ ] A sample of market values of recent sale prices and assessments of comparable residential
properties on which petitioner relies for objection (list parcels on a separate sheet and attach).
4. [ ] Statements of the assessor or other local official that property has been placed on the roll
at _________%.
Petitioner believes the total assessment should be reduced to $ 9,964 . This amount may
not be less than the total assessment amount indicated in Section A (1), or Section B (3),
whichever is greater.

D. [ ] EXCESSIVE ASSESSMENT:

1. [ ] The total assessed value exceeds the full (market) value of the property.
Total assessed value of property: $
Complainant believes the total assessment should be reduced to a full value of $
Attach list of parcel upon which complainant relies for objection, if applicable.
This amount may not be less than the amount indicated in Section A (1), or Section B (3).

2. [ ] The taxable assessed value is excessive because of the denial of all or a portion of a partial
exemption. Specify exemption________________(e.g., aged, clergy, veterans, etc.).

Amount of exemption claimed $_____________Amount granted, if any: $___________. This
amount may not be greater than the amount indicated in A (2).
If application for exemption was filed, attach a copy of application to this petition.
E. INFORMATION TO SUPPORT THE FULL (market) VALUE CLAIMED

1. [ ] Purchase price of property $
Date of purchase_
Relationship, if any, between seller and purchaser_

2. [ ] If property has been recently offered for sale:
When and for how long:
How offered:
Asking price: $

3. [ ] If property has been recently appraised:
When: _ By Whom:_
Purpose of appraisal:
Appraised value: $_

4. [ ] If buildings have been recently remodeled, constructed, or additional improvements made, state:
Year remodeled, constructed, or additions made:_
Date commenced: Date completed: _
Cost: $_

5. [ ] Amount for which your property is insured: $_______________
Name of insurance company and policy number: _______________________________________

6. [ ] Purchase price of comparable properties recently sold: $____________________

PART III
LIST OF TAXING DISTRICTS

Name of Taxing District

1. COUNTY: Suffolk

2. TOWN: Smithtown

3. VILLAGE: Not Available

4. SCHOOL DISTRICT: HAUPPAUGE
PART IV
DESIGNATION OF REPRESENTATIVE OF FILE PETITION

I/We SEE ATTACHED AUTHORIZATION , as petitioner(s) (or officer thereof) hereby
designate Tax Hammer Inc. to act as my representative in any and all
proceedings before the Small Claims Assessment Review of the Supreme Court in Suffolk
County for purposes of reviewing the assessment of my real property as it appears on the 2014-2015 year
assessment roll Town of Smithtown (assessing unit).

Signature of owner
(Or officer thereof)

July 29, 2014
Date

PART V
ELIGIBILITY AND CERTIFICATION

I certify that:

(a) The owner has previously filed a complaint required for administrative review of assessments.
(b) The property is improved by a one, two or three family, owner-occupied residential structure used
exclusively for residential purposes, and is not a condominium; except a condominium designated
as Class I in Nassau County or as “homestead” Class in an approved assessing unit.
(c) The requested assessment is not lower than the assessment requested on the complaint filed with
the assessor or the Board of Assessment Review.
(d) If the equalized value of the property exceeds $450,000, the requested assessment reduction does not
exceed 25 percent of the assessed value.
(e) I have mailed, by certified mail, return receipt requested, or, delivered in person, within ten days after the
day of filingthis petition with the County Clerk, one (1) copy of this petition to the clerk of the assessing
unit, or if there by no such clerk, then to the officer who performs the customary duties of that official.
(f) I have mailed by regular mail within 10 (ten) days after the filing of the Petition with the County Clerk one
(1) copy of the Petition to:
(a) The clerk of the school district(s)* within which the real property is located, or if there be no clerk or
the name and address cannot be obtained, then to a trustee.
(b) The treasurer of the county in which the property is located,
and
(c) The assessor, or, the chairman of the board of assessors

I certify that all statements made on this application are true and correct to the best of my knowledge and
belief, and I understand that the making of any willful false statement of material fact herein will subject me to
the provisions of the Penal law relevant to the making of filing of false instruments.

Signature of owner or representative

(*NOTE: You are not required to file with the Buffalo City School District, the Rochester City School
District, the Syracuse City School District or the Yonkers City School District.)

For full print and download access, please subscribe at https://www.trellis.law/.

Complaint,Petition: William Cotgreave v. Smithtown Town Of

Preview

Case Info

Parties