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, ,FILED: DUTCHESS COUNTY CLERK 08/31/2015 12:58 PM INDEX NO. 2014-50450
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/31/2015
t
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OUr File #100-540
At a Special Term of the Supreme
Court, State of New York, County
of Dutchess, held at . 1__
New York on theQ/day of .tlJ J:;;{)5 J
2015. .:J , 1'""0 --
PRE SEN T
Hon. James V. Brands
Justice
----------------------------------------x CONSENT JUDGMENT
In the Matter of the Application of:
MOUNTAIN BROOK REALTY LP
Index # Tax Year
Petitioner,
13-4640 2013/14
-against- 14-50450 2014/15
THE ASSESSOR, THE BOARD OF ASSESSORS AND
THE BOARD OF ASSESSMENT REVIEW OF THE
TOWN OF POUGHKEEPSIE AND THE TOWN OF
POUGHKEEPSIE
Respondents,
For Review of a Tax Assessment Under
Article 7 of the Real Property Tax Law.
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Proceedings having been brought by MOUNTAIN BROOK REALTY LP, the
Petitioner herein, to review the assessments by the Respondents
located in the Town of Poughkeepsie, designated as 6162-19-685225 on
the tax maps and assessment rolls of the Town of Poughkeepsie and
owned by the Petitioner herein for the taxable status dates of March
1, 2013 (Tax year: 2013/14) and March 1, 2014 (Tax Year: 2014/15);
and
The issues of these proceedings having duly come before an lAS
Part of the Court and the Petitioner, having appeared by CRONIN &
CRONIN LAW FIRM, PLLC, SEAN M. CRONIN, ESQ., and the Respondents,
Town of Poughkeepsie by their attorney, VAN DEWATER AND VAN DEWATER,
LLP, KYLE W. BARNETT, ESQ., and the parties having agreed to a
settlement of these proceedings;
'i
",
NOW, upon the consent of the parties indicated by the signatures
of the attorneys for each of the respective parties indicated hereon
and due deliberation having been had thereon, it is
ORDERED, that the assessments on the property designated as
6162-19-685225 on the tax maps and for the taxable status dates March
1, 2013 (Tax Year: 2013/14) and March 1, 2014 (Tax Year: 2014/15)
shall be amended and reduced to read as follows:
Desc. 6162-19-685225:
Taxable Original Final
Status Date Assessed Amount of Assessed
(Tax Yr.) Name Valuation Reduction Valuation
March 1, 2013 MOUNTAIN BROOK $18,000,000 $3,000,000 $15,000,000
(2013/14) REALTY LP
March 1, 2014 MOUNTAIN BROOK $17,100,000 $2,600,000 $14,500,000
(2014/15) REALTY LP
ORDERED AND DIRECTED that the Commissioner of Finance of the
County of Dutchess, State of New York, be and hereby is directed and
authorized to audit, allow, and pay to CRONIN & CRONIN LAW FIRM,
PLLC, as attorneys for the Petitioner, MOUNTAIN BROOK REALTY LP, the
amounts, if any, of County taxes paid by the Petitioner as taxes
against the said erroneous assessments in excess of what the taxes
should have been if the said assessments had been determined by this
Order, without interest thereon, if payment is made within ninety
(90) days of service of a certified copy of this Order upon the
Commissioner of Finance of the County of Dutchess. If payment is
2
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•
not made within ninety (90) days after the service of a certified
copy of this Order upon the Commissioner of Finance of the County of
Dutchess, then statutory interest will be paid on the amount of any
refund made, from the date of payment of the taxes as provided by
Section 726 of the Real Property Tax Law, and upon the service of a
certified copy of an Order upon the Commissioner of Finance of the
County of Dutchess, and it is further
ORDERED AND DIRECTED that the Receiver of Taxes, Town of
Poughkeepsie and/or Commissioner of Finance of the County of
Dutchess, State of New York be and hereby is directed and authorized
to audit, allow, and pay to CRONIN & CRONIN LAW FIRM, PLLC, as
attorneys for the petitioner, MOUNTAIN BROOK REALTY LP, the amounts,
if any, of Town and ad valorem Special Districts taxes paid by the
Petitioner as taxes against the said erroneous assessments in excess
of what the taxes should have been if the said assessments had been
determined by this Order, without interest thereon, if payment is
made within ninety (90) days of service of a certified copy of this
Order upon the Receiver of Taxes of the Town of Poughkeepsie. If
payment is not made within ninety (90) days after the service of a
certified copy of this Order upon the Receiver of Taxes of the Town
of Poughkeepsie, then statutory interest will be paid on the amount
of any refund, from the date of payment of taxes as provided by
3
,
•'". • ,
Section 726 of the Real Property Tax Law, and upon the service of a
certified copy of an Order upon the Receiver of Taxes of the Town of
Poughkeepsie, and it is further
ORDERED AND DIRECTED that the Trustees of the Hyde Park Central
School District, unless sooner paid, at the next budget or other
appropriate meeting following the entry of this Order, shall audit,
allow and pay to CRONIN & CRONIN LAW FIRM, PLLC, as attorneys for the
Petitioner, MOUNTAIN BROOK REALTY LP, that part of the taxes
representing the School taxes which is in excess of what such taxes
would have been if the assessment complained of had been herein
audited and determined by this Order, without interest thereon, if
payment is made within ninety (90) days of service of a certified
copy of this Order upon the Trustees of the Hyde Park Central School
District. If payment is not made within ninety (90) days after the
service of a certified copy of this Order upon the Trustees of the
Hyde Park Central School District, then statutory interest will be
paid on the amount of any refund made, from the date of payment of
the taxes as provided by Section 726 of the Real Property Tax Law,
and upon the service of a certified copy of an Order upon the
Trustees of the Hyde Park Central School District, and it is further
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ORDERED AND DIRECTED that upon compliance with the terms of this
Order, the above captioned proceedings be, and the same hereby are
discontinued without costs to either party as against the other.
E N T E R:
Entry of the foregoing Order
is hereby consented to:
CRONIN & CRONIN LAW FIRM, PLLC
Attorneys for Petitioner
BY: SEAN M. CRONIN, ESQ.
200 Old Country Road
Suite 470
Mineola, New York 11501
VAN DEWATER AND VAN DEWATER, LLP
Town of Poughkeepsie
BY:
~~?Kyle W. Barnett, Esq.
85 Civic Center Plaza, Suite 101
P.O. Box 112
Poughkeepsie, New York 12601
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, ,FILED: DUTCHESS COUNTY CLERK 08/31/2015 12:58 PM INDEX NO. 2014-50450 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/31/2015 t 1 OUr File #100-540 At a Special Term of the Supreme Court, State of New York, County of Dutchess, held at . 1__ New York on theQ/day of .tlJ J:;;{)5 J 2015. .:J , 1'""0 -- PRE SEN T Hon. James V. Brands Justice ----------------------------------------x CONSENT JUDGMENT In the Matter of the Application of: MOUNTAIN BROOK REALTY LP Index # Tax Year Petitioner, 13-4640 2013/14 -against- 14-50450 2014/15 THE ASSESSOR, THE BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF POUGHKEEPSIE AND THE TOWN OF POUGHKEEPSIE Respondents, For Review of a Tax Assessment Under Article 7 of the Real Property Tax Law. ----------------------------------------X Proceedings having been brought by MOUNTAIN BROOK REALTY LP, the Petitioner herein, to review the assessments by the Respondents located in the Town of Poughkeepsie, designated as 6162-19-685225 on the tax maps and assessment rolls of the Town of Poughkeepsie and owned by the Petitioner herein for the taxable status dates of March 1, 2013 (Tax year: 2013/14) and March 1, 2014 (Tax Year: 2014/15); and The issues of these proceedings having duly come before an lAS Part of the Court and the Petitioner, having appeared by CRONIN & CRONIN LAW FIRM, PLLC, SEAN M. CRONIN, ESQ., and the Respondents, Town of Poughkeepsie by their attorney, VAN DEWATER AND VAN DEWATER, LLP, KYLE W. BARNETT, ESQ., and the parties having agreed to a settlement of these proceedings; 'i ", NOW, upon the consent of the parties indicated by the signatures of the attorneys for each of the respective parties indicated hereon and due deliberation having been had thereon, it is ORDERED, that the assessments on the property designated as 6162-19-685225 on the tax maps and for the taxable status dates March 1, 2013 (Tax Year: 2013/14) and March 1, 2014 (Tax Year: 2014/15) shall be amended and reduced to read as follows: Desc. 6162-19-685225: Taxable Original Final Status Date Assessed Amount of Assessed (Tax Yr.) Name Valuation Reduction Valuation March 1, 2013 MOUNTAIN BROOK $18,000,000 $3,000,000 $15,000,000 (2013/14) REALTY LP March 1, 2014 MOUNTAIN BROOK $17,100,000 $2,600,000 $14,500,000 (2014/15) REALTY LP ORDERED AND DIRECTED that the Commissioner of Finance of the County of Dutchess, State of New York, be and hereby is directed and authorized to audit, allow, and pay to CRONIN & CRONIN LAW FIRM, PLLC, as attorneys for the Petitioner, MOUNTAIN BROOK REALTY LP, the amounts, if any, of County taxes paid by the Petitioner as taxes against the said erroneous assessments in excess of what the taxes should have been if the said assessments had been determined by this Order, without interest thereon, if payment is made within ninety (90) days of service of a certified copy of this Order upon the Commissioner of Finance of the County of Dutchess. If payment is 2 ! • • not made within ninety (90) days after the service of a certified copy of this Order upon the Commissioner of Finance of the County of Dutchess, then statutory interest will be paid on the amount of any refund made, from the date of payment of the taxes as provided by Section 726 of the Real Property Tax Law, and upon the service of a certified copy of an Order upon the Commissioner of Finance of the County of Dutchess, and it is further ORDERED AND DIRECTED that the Receiver of Taxes, Town of Poughkeepsie and/or Commissioner of Finance of the County of Dutchess, State of New York be and hereby is directed and authorized to audit, allow, and pay to CRONIN & CRONIN LAW FIRM, PLLC, as attorneys for the petitioner, MOUNTAIN BROOK REALTY LP, the amounts, if any, of Town and ad valorem Special Districts taxes paid by the Petitioner as taxes against the said erroneous assessments in excess of what the taxes should have been if the said assessments had been determined by this Order, without interest thereon, if payment is made within ninety (90) days of service of a certified copy of this Order upon the Receiver of Taxes of the Town of Poughkeepsie. If payment is not made within ninety (90) days after the service of a certified copy of this Order upon the Receiver of Taxes of the Town of Poughkeepsie, then statutory interest will be paid on the amount of any refund, from the date of payment of taxes as provided by 3 , •'". • , Section 726 of the Real Property Tax Law, and upon the service of a certified copy of an Order upon the Receiver of Taxes of the Town of Poughkeepsie, and it is further ORDERED AND DIRECTED that the Trustees of the Hyde Park Central School District, unless sooner paid, at the next budget or other appropriate meeting following the entry of this Order, shall audit, allow and pay to CRONIN & CRONIN LAW FIRM, PLLC, as attorneys for the Petitioner, MOUNTAIN BROOK REALTY LP, that part of the taxes representing the School taxes which is in excess of what such taxes would have been if the assessment complained of had been herein audited and determined by this Order, without interest thereon, if payment is made within ninety (90) days of service of a certified copy of this Order upon the Trustees of the Hyde Park Central School District. If payment is not made within ninety (90) days after the service of a certified copy of this Order upon the Trustees of the Hyde Park Central School District, then statutory interest will be paid on the amount of any refund made, from the date of payment of the taxes as provided by Section 726 of the Real Property Tax Law, and upon the service of a certified copy of an Order upon the Trustees of the Hyde Park Central School District, and it is further 4 .- ORDERED AND DIRECTED that upon compliance with the terms of this Order, the above captioned proceedings be, and the same hereby are discontinued without costs to either party as against the other. E N T E R: Entry of the foregoing Order is hereby consented to: CRONIN & CRONIN LAW FIRM, PLLC Attorneys for Petitioner BY: SEAN M. CRONIN, ESQ. 200 Old Country Road Suite 470 Mineola, New York 11501 VAN DEWATER AND VAN DEWATER, LLP Town of Poughkeepsie BY: ~~?Kyle W. Barnett, Esq. 85 Civic Center Plaza, Suite 101 P.O. Box 112 Poughkeepsie, New York 12601 5