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FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019
SUPREME COURT: STATE OF NEW YORK: COUNTY OF NASSAU File No: 58323
PETITION
In the Matter of : Tax Year 2015/16
: VINCENT DEJANA & CATHERINE BATCH, : Index No.
: Petitioners, :
- against -
. .
: :
THE ASSESSOR OF NASSAU COUNTY
AND THE ASSESSMENT REVIEW
COMMISSION OF NASSAU COUNTY, Respondents.
__________________________________________ ._______________________
The petitioner above named, by his attorneys, KOEPPEL MARTONE & LEISTMAN, L.L.P. (074)
respectfully alleges as follows:
1. At all times herein mentioned, petitioner was and still is a taxpayer of the municipality
whose Assessor is the respondent herein (hereinafter referred to as "the assessing
jurisdiction") and is an aggrieved party with respect to the assessment within the meaning of
Section 706, Real Property Tax Law, State of New York.
2. The respondents have heretofore prepared, campleted and perfected, purportedly according to
law an assessment roll for the assessing jurisdiction, for the tax year (2015/16) which
assessment roll included an assessment for petitioner's real property, described in Column I
and assessed as set forth in Column II of the following schedule:
____
COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN V
Extent of
COUNTY OF NASSAU Original Claimed Confirmed
Valuation Valuation -equality
Class 1 Valuation
excessiveness
File 58323: VINCENT DEJANA & CATHERItE BATCH,
30/45/25
SD OB04 Land $ *
1, 890 $ 378 $ $ 1, 512
Total $ *
1, 890 $ 378 $ $ 1, 512
||llllllllllllllllllll|llil|||ll|
File 58323: VINCENT DEJANA & CATHERINE BATCH,
30/45/32
SD OB04 Land $ *
1, 833 $ 367 $ $ 1, 466
Total $ *
1, 833 $ 367 $ $ 1, 466
Hlll|l1111111111111111111111111|
* Same as Column II except as otherwise indicated
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**********
TOTAL 2 UNITS: Land $ 3, 723
+*±************ Total $ 3,723
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3. Petitioner duly made and filed with respondents a written application and statement under
oath, to have said assessed valuation, transition assessment and exemptions, if applicable, of
said real property corrected and revised, specifying therein the respect in which the
assessment complained of was incorrect, and which application and statement sought to reduce
the assessment complained of as set forth in Column III, Paragraph 2 above. The application and
statement are hereby referred to and made part hereof as though fully set forth herein.
4. Upon information and belief, a final decision and determination on the application and
statement was duly rendered by respondents who failed to reduce the assessment as requested and
confirmed or set the assessed valuation of petitioner's property as set forth in Column IV,
Paragraph 2 above.
5. Thirty days have not elapsed since the filing of a certified copy of the campleted and
verified assessment roll with notice thereof, or, law day, whichever is later, as permitted by
RPTL Section 702.
6. The assessment of petitioner's property is erroneous upon the following grounds: (a)
Excessive, as fully defined in RPTL Section 701 (4) (a-d) (to the extent set forth in Column V,
Paragraph 2 above); (b) Misclassification, the class designation is incorrect, as fully defined
in RPTL Section 701 (5) (a-c); (c) Unequal (inequality), as fully defined in RPTL Section 701
(8) (a), (b) and Section 522 (9) (c) (to the extent set forth in Column V, Paragraph 2 above) in
that the assessed value is made at a higher proportionate valuation than the assessed value of
other real property in the same class on the assessment roll and/or the assessed value has been
made at a higher proportionate value than the assessments of all other real property on the
assessment roll. The specified instances of such unequal assessment is the assessments of all
of the real property (or where applicable, in the same class on the same roll) in the assessing
jurisdiction and each and every parcel thereof; (d) Unlawful, in that this property and all
real property in the assessing unit is not assessed at a uniform percentage of value and that
it is based upon an assessment practice of selective or spot assessment that has been declared
illegal and unconstitutional by the Courts of the State of New York, as defined in RPTL, and is
unlawful as more fully defined in its entirety in RPTL Section 701 (9) (a-e); and this property
and all real property in the assessing unit is not assessed at a uniform percentage of value,
as required by RPTL 305(2); and that the base proportion and/or adjusted base proportion (as
defined in RPTL Article 18; RPTL Article 19) for the appropriate class for Petitioner's
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property was established and/or adjusted in an erroneous, arbitrary and capricious manner, if
applicable; and that the property was selectively reassessed in violation of the Real Property
Tax Law, the regulations of the Office of Real Property Services, and the equal protection
clauses of the constitutions of the State of New York and United States.
7. In the event that the assesment at issue should be subject to a transition assessment
and/or exemption or partial exemption, that has been incorrectly calculated, or not set forth
at all on the taxable assessment roll, the assessment should be reduced as it exceeds the
statutory formula and/or is unlawful, unequal and excessive.
8. Petitioner is aggrieved and injured by said unequal, excessive, illegal, unlawful
and/or misclassified assessment, and will be required to pay a greater amount and proportion of
taxes than petitioner would be required to pay if the assessment had been equal and not
excessive, illegal, unlawful, misclassified and erroneous.
9. No provision is made by law for an appeal or other relief fram the final determination
of the respondents except by a review of petition to the Supreme Court. No previous application
for the relief herein asked has been made to any court or judge.
If than one petitioner "petitioner" shall mean
10. there is more herein, the word
"petitioners"
or "each of the petitioners", as the context requires.
11. Petitioner protests payment of said taxes based upon the within claims and upon the
grounds that the tax rates are calculated incorrectly.
12. The assessment is illegal in that it is not predicated upon the market value of the
subject property as of the appropriate taxable status and valuation dates.
13. The assessment is unlawful and/or illegal as the Assessor has included within the
assessment non-assessable and/or non real property items, thereby violating RPTL section 300,
and the New York state constitution.
WHEREEORE, your petitioner prays that the Supreme Court review and correct on the merits the
aforementioned final detennination of the respondent on the grounds set forth in this petition,
and that the said Court take evidence to enable your petitioner to show the unconstitutional,
unjust, unequal, excessive, illegal, misclassified and erroneous assessment of the said real
property to the end that the assessment may be reduced to the full, true market value thereof
for land and improvement, and to a valuation proportionate to the assessments of other real
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property, and/or all other property in the same class, assessed on the same rolls for the same
year, so that equality of assessments will result, and may be properly classified, and for such
other and further relief as the Court may deem proper, together with the costs and
disbursements of this proceeding.
KOEPPEL MARTONE & LEISTMAN, L.L.P.
Attorneys for Petitioner
155 FIRST STREET
MINEOIA, NY 11501
(516) 747-6300
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SUPREME COURT: STATE OF NEW YORK: COUNTY OF NASSAU File No: 58323
________ .________________________________________ ._____ NOTICE OF PETITION
: :
: :
: In the Matter of : Tax Year 2015/16
: :
: VINCENT DEJANA & CATHERINE BATCH, : Index No.
: Petitioner, :
. .
- against -
. .
. THE ASSESSOR OF NASSAU COUNTY
: AND THE ASSESSMENT REVIEW
: COMMISSION OF NASSAU COUNTY,
. Respondents.
__ _________________________ .____________________________
NTICE OF PETITION
TO THE RESPONDENTS NAMED WITHIN: PLEASE TAKE NTICE 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 thereof, on May 15, 2015
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: April 1, 2015
KOEPPEL MARTONE & LEISTMAN, L.L.P.
Attorneys for Petitioner
155 FIRST STREET
MINEOLA, NY 11501
(516) 747-6300
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SUPREME COURT: STATE OF NEW YORK: COUNTY OF NASSAU File No: 58323
_______________________ .____________________.________________ VERIFICATION
: :
: :
: In the Matter of : Tax Year 2015/16
: :
: VINCENT DEJANA & CATHERINE BATCH, : Index No.
: Petitioners, :
. .
- against -
. THE ASSESSOR OF NASSAU COUNTY .
. AND THE ASSESSMENT REVIEW .
COMMISSION OF NASSAU COUNTY,
. Respondents. .
______ .______________________________ .______________________
KOEPPEL MARTONE & LEISTMAN, L.L.P.
Attorneys for Petitioner
155 FIRST STREET
MINEOLA, 11501NY
(516) 747-6300
VERIFICATION
State of New York, County of Nassau, ss.:
The undersigned being duly sworn, deposes and says: I am the agent for the petitioner herein.
I have read the foregoing petition and know the contents thereof; the same is true to my own
knowledge, except as to matters therein stated to be alleged upon information and belief and,
that as to those matters, I believe it to be true. the reason this verification is made by me
and not by petitioner is that all the material allegations (except those as to matters of
public record) of said petition are within my personal knowledge.
Sworn to before me this day
Apr' 1 Rizzo, Es .
, 2015
Patricia May
Notary Public, State of New rk
No. 01MA4605222
Qualified in Nassau County
Conmission Expires September 30, 2017
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NYSCEF DOC. NO. 1 Authorization RECEIVED NYSCEF: 01/03/2019
January 2, 2015
The undersigned being an aggrieved person within the meaning of the Real Property Tax Law,
or an officer or partner of such aggrieved perscñ, hereby authorizes KOEPPEL MARTONE &
LEISTMAN, L.L.P. , or any attorney or person employed or retained by such firm, to act as our
agent to:
1. Make and/or serve a statement (also known as a complaint or protest) pursuant to Section
512(1) and 524 of the RPTL, specifying the respect in which the assessment of the property
listed below is excessive, unequal, unlawful or misclassified.
2. Verify and/or serve and/or file a petiticñ for review of real property assessment pursuant to
Article 7 (Title 1 or Title 1A) of the Real Property Tax Law.
3. Such firm is authorized to represent the uñdersigned in all proceedings before the Board of
Assessment Review and/or the Assessment Review Commissiõñ and the Supreme Court,
State of New York, and all appeals therefrom.
4. When appropriate, prepare, verify and/or certify, as agent, applications pursuant to RPTL
485-b or any other applicable exemption provision.
This authorization applies to the 2015/16, 2016/17 assessment rolls for the following property(ies):
Property located at:
110-116 CHERRY VALLEY AVENUE, WEST HEMPSTEAD
County of NASSAU School District: H27
Town of HEMPSTEAD Class: 4
IIIIAIANIIAIIAAAAAAIIAHIII
Section, Block, Lot(s): File 50834 County of NASSAU
33/614/63 - 116 Avenue
Cherry Valley
33/614/64 - 110 Avenue
Cherry Valley
Name of Aqqrieved Person
SOIL SOLUTIONS, INC.
Authorization: Mr. Vincent DeJana, Soil Sc|üücas, Inc. Page 1 of 2
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Authorization
(continued)
ÓCUST VALLEY
County of NASSAU School District: OB04
Town of OYSTER BAY Class: 1
Village of LATTINGTOWN
MAlHAHHAAAAAAIIAAAAAAA
Section. Block. Lot(sk File 58323 County of NASSAU
30/45/25
30/45/32
Section, Block, Lot(s): File 58324 Village of LATTINGTOWN
30/45/25
30/45/32
Name of Aaarieved Person
VINCENT DEJANA & CATHERINE BATCH
By: Dated:
(Sidri rk)
(Print Name)
(Print title, i.e. owner, tenant, etc.)
Authorization: Mr. Vincent DeJana, Soil Solutions, Inc. Page 2 of 2
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Preview
FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019 SUPREME COURT: STATE OF NEW YORK: COUNTY OF NASSAU File No: 58323 PETITION In the Matter of : Tax Year 2015/16 : VINCENT DEJANA & CATHERINE BATCH, : Index No. : Petitioners, : - against - . . : : THE ASSESSOR OF NASSAU COUNTY AND THE ASSESSMENT REVIEW COMMISSION OF NASSAU COUNTY, Respondents. __________________________________________ ._______________________ The petitioner above named, by his attorneys, KOEPPEL MARTONE & LEISTMAN, L.L.P. (074) respectfully alleges as follows: 1. At all times herein mentioned, petitioner was and still is a taxpayer of the municipality whose Assessor is the respondent herein (hereinafter referred to as "the assessing jurisdiction") and is an aggrieved party with respect to the assessment within the meaning of Section 706, Real Property Tax Law, State of New York. 2. The respondents have heretofore prepared, campleted and perfected, purportedly according to law an assessment roll for the assessing jurisdiction, for the tax year (2015/16) which assessment roll included an assessment for petitioner's real property, described in Column I and assessed as set forth in Column II of the following schedule: ____ COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN V Extent of COUNTY OF NASSAU Original Claimed Confirmed Valuation Valuation -equality Class 1 Valuation excessiveness File 58323: VINCENT DEJANA & CATHERItE BATCH, 30/45/25 SD OB04 Land $ * 1, 890 $ 378 $ $ 1, 512 Total $ * 1, 890 $ 378 $ $ 1, 512 ||llllllllllllllllllll|llil|||ll| File 58323: VINCENT DEJANA & CATHERINE BATCH, 30/45/32 SD OB04 Land $ * 1, 833 $ 367 $ $ 1, 466 Total $ * 1, 833 $ 367 $ $ 1, 466 Hlll|l1111111111111111111111111| * Same as Column II except as otherwise indicated 1 1 of 9 FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019 ********** TOTAL 2 UNITS: Land $ 3, 723 +*±************ Total $ 3,723 2 2 of 9 FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019 3. Petitioner duly made and filed with respondents a written application and statement under oath, to have said assessed valuation, transition assessment and exemptions, if applicable, of said real property corrected and revised, specifying therein the respect in which the assessment complained of was incorrect, and which application and statement sought to reduce the assessment complained of as set forth in Column III, Paragraph 2 above. The application and statement are hereby referred to and made part hereof as though fully set forth herein. 4. Upon information and belief, a final decision and determination on the application and statement was duly rendered by respondents who failed to reduce the assessment as requested and confirmed or set the assessed valuation of petitioner's property as set forth in Column IV, Paragraph 2 above. 5. Thirty days have not elapsed since the filing of a certified copy of the campleted and verified assessment roll with notice thereof, or, law day, whichever is later, as permitted by RPTL Section 702. 6. The assessment of petitioner's property is erroneous upon the following grounds: (a) Excessive, as fully defined in RPTL Section 701 (4) (a-d) (to the extent set forth in Column V, Paragraph 2 above); (b) Misclassification, the class designation is incorrect, as fully defined in RPTL Section 701 (5) (a-c); (c) Unequal (inequality), as fully defined in RPTL Section 701 (8) (a), (b) and Section 522 (9) (c) (to the extent set forth in Column V, Paragraph 2 above) in that the assessed value is made at a higher proportionate valuation than the assessed value of other real property in the same class on the assessment roll and/or the assessed value has been made at a higher proportionate value than the assessments of all other real property on the assessment roll. The specified instances of such unequal assessment is the assessments of all of the real property (or where applicable, in the same class on the same roll) in the assessing jurisdiction and each and every parcel thereof; (d) Unlawful, in that this property and all real property in the assessing unit is not assessed at a uniform percentage of value and that it is based upon an assessment practice of selective or spot assessment that has been declared illegal and unconstitutional by the Courts of the State of New York, as defined in RPTL, and is unlawful as more fully defined in its entirety in RPTL Section 701 (9) (a-e); and this property and all real property in the assessing unit is not assessed at a uniform percentage of value, as required by RPTL 305(2); and that the base proportion and/or adjusted base proportion (as defined in RPTL Article 18; RPTL Article 19) for the appropriate class for Petitioner's 3 3 of 9 FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019 property was established and/or adjusted in an erroneous, arbitrary and capricious manner, if applicable; and that the property was selectively reassessed in violation of the Real Property Tax Law, the regulations of the Office of Real Property Services, and the equal protection clauses of the constitutions of the State of New York and United States. 7. In the event that the assesment at issue should be subject to a transition assessment and/or exemption or partial exemption, that has been incorrectly calculated, or not set forth at all on the taxable assessment roll, the assessment should be reduced as it exceeds the statutory formula and/or is unlawful, unequal and excessive. 8. Petitioner is aggrieved and injured by said unequal, excessive, illegal, unlawful and/or misclassified assessment, and will be required to pay a greater amount and proportion of taxes than petitioner would be required to pay if the assessment had been equal and not excessive, illegal, unlawful, misclassified and erroneous. 9. No provision is made by law for an appeal or other relief fram the final determination of the respondents except by a review of petition to the Supreme Court. No previous application for the relief herein asked has been made to any court or judge. If than one petitioner "petitioner" shall mean 10. there is more herein, the word "petitioners" or "each of the petitioners", as the context requires. 11. Petitioner protests payment of said taxes based upon the within claims and upon the grounds that the tax rates are calculated incorrectly. 12. The assessment is illegal in that it is not predicated upon the market value of the subject property as of the appropriate taxable status and valuation dates. 13. The assessment is unlawful and/or illegal as the Assessor has included within the assessment non-assessable and/or non real property items, thereby violating RPTL section 300, and the New York state constitution. WHEREEORE, your petitioner prays that the Supreme Court review and correct on the merits the aforementioned final detennination of the respondent on the grounds set forth in this petition, and that the said Court take evidence to enable your petitioner to show the unconstitutional, unjust, unequal, excessive, illegal, misclassified and erroneous assessment of the said real property to the end that the assessment may be reduced to the full, true market value thereof for land and improvement, and to a valuation proportionate to the assessments of other real 4 4 of 9 FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019 property, and/or all other property in the same class, assessed on the same rolls for the same year, so that equality of assessments will result, and may be properly classified, and for such other and further relief as the Court may deem proper, together with the costs and disbursements of this proceeding. KOEPPEL MARTONE & LEISTMAN, L.L.P. Attorneys for Petitioner 155 FIRST STREET MINEOIA, NY 11501 (516) 747-6300 5 5 of 9 FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019 SUPREME COURT: STATE OF NEW YORK: COUNTY OF NASSAU File No: 58323 ________ .________________________________________ ._____ NOTICE OF PETITION : : : : : In the Matter of : Tax Year 2015/16 : : : VINCENT DEJANA & CATHERINE BATCH, : Index No. : Petitioner, : . . - against - . . . THE ASSESSOR OF NASSAU COUNTY : AND THE ASSESSMENT REVIEW : COMMISSION OF NASSAU COUNTY, . Respondents. __ _________________________ .____________________________ NTICE OF PETITION TO THE RESPONDENTS NAMED WITHIN: PLEASE TAKE NTICE 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 thereof, on May 15, 2015 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: April 1, 2015 KOEPPEL MARTONE & LEISTMAN, L.L.P. Attorneys for Petitioner 155 FIRST STREET MINEOLA, NY 11501 (516) 747-6300 6 6 of 9 FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019 SUPREME COURT: STATE OF NEW YORK: COUNTY OF NASSAU File No: 58323 _______________________ .____________________.________________ VERIFICATION : : : : : In the Matter of : Tax Year 2015/16 : : : VINCENT DEJANA & CATHERINE BATCH, : Index No. : Petitioners, : . . - against - . THE ASSESSOR OF NASSAU COUNTY . . AND THE ASSESSMENT REVIEW . COMMISSION OF NASSAU COUNTY, . Respondents. . ______ .______________________________ .______________________ KOEPPEL MARTONE & LEISTMAN, L.L.P. Attorneys for Petitioner 155 FIRST STREET MINEOLA, 11501NY (516) 747-6300 VERIFICATION State of New York, County of Nassau, ss.: The undersigned being duly sworn, deposes and says: I am the agent for the petitioner herein. I have read the foregoing petition and know the contents thereof; the same is true to my own knowledge, except as to matters therein stated to be alleged upon information and belief and, that as to those matters, I believe it to be true. the reason this verification is made by me and not by petitioner is that all the material allegations (except those as to matters of public record) of said petition are within my personal knowledge. Sworn to before me this day Apr' 1 Rizzo, Es . , 2015 Patricia May Notary Public, State of New rk No. 01MA4605222 Qualified in Nassau County Conmission Expires September 30, 2017 7 7 of 9 FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 Authorization RECEIVED NYSCEF: 01/03/2019 January 2, 2015 The undersigned being an aggrieved person within the meaning of the Real Property Tax Law, or an officer or partner of such aggrieved perscñ, hereby authorizes KOEPPEL MARTONE & LEISTMAN, L.L.P. , or any attorney or person employed or retained by such firm, to act as our agent to: 1. Make and/or serve a statement (also known as a complaint or protest) pursuant to Section 512(1) and 524 of the RPTL, specifying the respect in which the assessment of the property listed below is excessive, unequal, unlawful or misclassified. 2. Verify and/or serve and/or file a petiticñ for review of real property assessment pursuant to Article 7 (Title 1 or Title 1A) of the Real Property Tax Law. 3. Such firm is authorized to represent the uñdersigned in all proceedings before the Board of Assessment Review and/or the Assessment Review Commissiõñ and the Supreme Court, State of New York, and all appeals therefrom. 4. When appropriate, prepare, verify and/or certify, as agent, applications pursuant to RPTL 485-b or any other applicable exemption provision. This authorization applies to the 2015/16, 2016/17 assessment rolls for the following property(ies): Property located at: 110-116 CHERRY VALLEY AVENUE, WEST HEMPSTEAD County of NASSAU School District: H27 Town of HEMPSTEAD Class: 4 IIIIAIANIIAIIAAAAAAIIAHIII Section, Block, Lot(s): File 50834 County of NASSAU 33/614/63 - 116 Avenue Cherry Valley 33/614/64 - 110 Avenue Cherry Valley Name of Aqqrieved Person SOIL SOLUTIONS, INC. Authorization: Mr. Vincent DeJana, Soil Sc|üücas, Inc. Page 1 of 2 8 of 9 FILED: NASSAU COUNTY CLERK 01/03/2019 05:54 PM INDEX NO. 400075/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/03/2019 Authorization (continued) ÓCUST VALLEY County of NASSAU School District: OB04 Town of OYSTER BAY Class: 1 Village of LATTINGTOWN MAlHAHHAAAAAAIIAAAAAAA Section. Block. Lot(sk File 58323 County of NASSAU 30/45/25 30/45/32 Section, Block, Lot(s): File 58324 Village of LATTINGTOWN 30/45/25 30/45/32 Name of Aaarieved Person VINCENT DEJANA & CATHERINE BATCH By: Dated: (Sidri rk) (Print Name) (Print title, i.e. owner, tenant, etc.) Authorization: Mr. Vincent DeJana, Soil Solutions, Inc. Page 2 of 2 9 of 9