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  • Edwin Kuester v. Copake Town OfOther Real Property - SCAR document preview
  • Edwin Kuester v. Copake Town OfOther Real Property - SCAR document preview
  • Edwin Kuester v. Copake Town OfOther Real Property - SCAR document preview
  • Edwin Kuester v. Copake Town OfOther Real Property - SCAR document preview
  • Edwin Kuester v. Copake Town OfOther Real Property - SCAR document preview
  • Edwin Kuester v. Copake Town OfOther Real Property - SCAR document preview
  • Edwin Kuester v. Copake Town OfOther Real Property - SCAR document preview
  • Edwin Kuester v. Copake Town OfOther Real Property - SCAR document preview
						
                                

Preview

FILED: COLUMBIA COUNTY CLERK 07/30/2021 09:36 AM INDEX NO. E012021017148 SUPREME NYSCEF DOC. NO. 1 COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 07/30/2021 COUNTY OF Columbia --------------------------------------------------------------------------X Edwin Kuester Plaintiff/Petitioner, - against Index No. Copake Defendant/Respondent. -------------------------------------------------------------------------X NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646- 386-3033 or efile@courts.state.ny.us. Dated: 7/28/2021 (Signature) 33 Walt Whitman Road/Suite 200B (Address) James Burns Huntington Station, NY 11746 (Name) Aventine Properties, LLC (Firm Name) (631)673-6738 (Phone) TaxGrievance@Optonline.net To: (Email) 1 of 6 FILED: COLUMBIA COUNTY CLERK 07/30/2021 09:36 AM INDEX NO. E012021017148 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/30/2021 RPTL 730 UCS 900 (Rev. March, 2007) PETITION SMALL CLAIMS ASSESSMENT REVIEW IN COUNTIES OUTSIDE NEW YORK CITY (one petition per parcei) PART 1 GENERAL INFORMATION1 SUPREME COURT, COUNTY OF Columbia 1. Filing # _ Calender # 2. Assessing Unit Copake Town Village 3. Date of final ccer.pisticn and flilog of assessment roll 7/1/2021 (a) Total 455,100.00 (b) Exempt amount (c) TaxaNe assessed value (Sa-3b) 455,100.00 4. Date of filing (or rnsIllng} petition 07/28/21 5. Name of owner or owners of proper1Y Edwin Kuester Post Office Address: 277 Lakeview Rd #- Copake, NY 12521 Tebphone (914)953-5806 6. If applicable, name and address of representative of owner. If representative is filing application: (Owner must complete Designation of Representative section.) James M. Burns, Aventine Properties, LLC Telsit.Gnat 33 Walt Whitman Rd./Suite 200B, ' 'P--''r.;';r. Station, NY 11746 (631}673-6738 7. Description of property as it appears on the assessment roll. 0001- Tax Map # 3200 Section 155-018 gg Lot 30 ??? ??? 8. Location of property (street. road. Nghway number, and city, town or village) 277 Lakeview Rd Copake, NY 12521 C3200-155-018-0001-039-G00-G000 2 of 6 FILED: COLUMBIA COUNTY CLERK 07/30/2021 09:36 AM INDEX NO. E012021017148 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/30/2021 PART It GROUNDS FOR PETITION A. Assessinent requested on the carr.p"é:ñt form filed with the Board of A:‡o=r.1ant Review 1. Total assessment 73.887.00 2, Exempt amount, If any 3. Taxable esses. 7'4 nn7 an B. CALCULATION OF EQUALlZED VALUE AND MAXIMUM REDUCTION IN ASSESSMENT 1. [x ] Property is NOT in a speclel assessing unit, ASSESSED VALUE + £QUALlZATION RATE = EQUALIZED VALUE 455,100.00 0.9500 459,697.00 2. ( ) Property IS In a special assessing unit- ASSESSED VALUE + CLASS ONE RATto = EQUALIZED VALUE 3. [x ] If the EQUALtZED VALUE exceeds $450,000, enter the ASSESSED VALUE here: . . 455.100.00 by' Multiply the ASSESSED VALUE x .25 Errter the result here: 113,775.00 The result is the maximum total assessment request reduction allowable. C. [x ] UNEQUAL ASSESSMENT: The total c=a=rr.sñt 1s 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 everage of residential propetty on the assessment roll. Full {market) property- 359,289.00 value of $ Based on one or more of the loHowing, pant|Gñêr believes this property should be asséssed at 95.00 % of full (market) value: 1. [ X ) The latest State equalization rate for the enamJs!ag unit In which the property la located (enter latest rale- 99.00 %). equalization 2. IX ] The latest iaâ;daidiõ| ==-ent ratio for the assessing unit In which the property Is located (enter residential assessment ratio: 95.00 %}. 3. [ X ] A sample of market values of recent sales prices and assessments of cõiiipõrable residential properties On which petitioner rolles for objection (list parcels on a separate sheet and attach). 4. [X ] Statements of the assessor or other local official that property has been placed on the roll at 0.00 Petitioner believes the 10tal asæSmant should be reduced to $ 341,325.00. This amount may not be less than the total assessment arnount indicated In Section A (1), or Section B (3}, whichever is greater. C3200-155-018-0001-039-000-0000 3 of 6 FILED: COLUMBIA COUNTY CLERK 07/30/2021 09:36 AM INDEX NO. E012021017148 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/30/2021 D. {X) EXCESS1VE ASSESSMENT: 1. [ ) The totai essessed value exceeds the full (rnarket) value of the property. Total assessed value of properly $ Complainent believes the total assessment should be reduced to a full value of $ Attach list of parcels upon which complaineni reUes for objecK00, if 8pprmble- TIlis amount may not be less thanthe amount Indfcated in Secuan A (1), or Sectbn B (3}. 2. [ ) The 13 e aâ86886G value b excessive because of the denial of all or a portion of a partial sêmpt:Ga. Specify exemptbn (e-g., aged, clergy, veterans, etc). any- Amount of exempdon daimed: 5 3 Amount Granted, If $ . This urnount may not be greater than the amount indicated In A (2). If application for mm kn was filed, attadi a copy of appfication to this petition. E. INFORMATION TO $UPPORT THE FULL (MARKET) VALUE CLAIMED 1. [ ] Purchase prfce of property S Date of purchase _ . ... . _.. Relationship, if eny, between seller and purchaser 1 [ ] If property has beenrecently offered for sale: When and for how long: How offered: Asking price: S 3. I ] If property has been recently sopraised: When: . By Whom: Purpose of appraisal: value- Appraised $ 4. [ ] If buildings have been recenUy reir--.-õ|6G. constructed, or a rina=i:mpicv6ira-is made. state: made- Year remodeled, consbucted, or additions Date commenced: Date comp eted: Cost: $ _.. 5, [ ) Amoot for which your property (s Insured: $ Name of insurance company and policy number ... __... 6. [ ]. Purchase price of comparable pri.psitfysa} recently sold: $ PART Ill LISTING OF TAXING DISTRICTS blemas of Tax1na Districts 1. COUNTY C±±± 2. TOWN: Copake 3. VILLAGE: Copake Town 4. SCHOOL DISTRICT C3200-155-018-0001-039-000 0000 4 of 6 FILED: COLUMBIA COUNTY CLERK 07/30/2021 09:36 AM INDEX NO. E012021017148 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/30/2021 RFUL 730 PART IV DESIGNATION OF REPRESENTATIVE TO RLE PETITION Edwin Kuester J petitioner (or officer designate I, thereof) hereby Aventine Properties, LLC to set gS my iüpió5üñtai:Va in 8ñy and all piOCéüd r9s before the Srnell Claims Assessment Review of the Supreme Court columbia for purposes of mvigwiiig Irt County the seeaaament of my real picpârty as it appêars on the 2021 ear essêssaerit roll of . _.. (assessing unit) Conake SEE ATTACHED RETAINER $Igrsitürs of Owner (Or officer thereof) 7/28/2021 Date PART V __E_LIGlBILITY AND CERTIFICATION I certify that: (a) The owner has previously filed a compleInt requIred for admirdstrativa review of assessments. (b) The property le improved by a one, two or three family, owner-occupied issidential structure used exclusively for reddantial purposes. and Is not a cacGamirilum; except a condomlolum "homestead" designated as Class 1 in Nassau County or as Class in an appiüvõd assessing unlt. (c) The requested assessment is not lower than the assessment requested on the complaint filed with the assessor or 1he 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) 1have mailed, by certified mail, return receipt requa•¾ or, delivered In person, within ten days after the day of filing this petition with the County Clerk, one (1) copy of this petition to the clerk of the se½é:2-ig unit, or if there by no such clerk, then to the officer who performs the customary duties of that offeIsl- (f) I have malled by regular mail within 10 (ten) days after the filIng of the Pe11tion with the County Clerk one (1) copy of the Petitlan lo: district(s)' (a} The clerk of the school within which the real proparty is Iccated, or if there be no clerk or the name and eddress cannot be obtained, then to a trustee, (b) The treasurer of the county in which the property In focated, and (c) The assessor.. or, the chairman of the board of essessors I certify that all staterriarits made on this applicatica are true and correct to the best of Iny knowledge and beief. and I understand that the making of any wlilful false stateitient of rnaterial fact herein will subject me to the provisions of the Penal law itsvañt to the rnaking and filing of false Instruments, Signature of owner or nepresentative (*NOTE: You are not required to file with the Buffalo City School District, the Rochester City School District. the Syracuse City School D1strict or the Yonkers City School District.) C3200-155-018-0001-039-000-0000 5 of 6 FILED: COLUMBIA COUNTY CLERK 07/30/2021 09:36 AM INDEX NO. E012021017148 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/30/2021 Dutcleese Columbla• Delawam VENTINE ROPERTIES I J..C a- s----· a-- , Tols (914)372-i751 Property Tax Graevance Consultants v..a9mmme 245 Saw Mnt River Road, subee 106, unwthorne, NY 10532|TaxGrEevanec@=pan a net|www.AvcatincProperties.com Don't continue to overpay on your property taxes for another year! Completo Retainer Agreemem/Authorization and Return By: l) PAX: (914)372-1754, or 2) SCAN A HMAIL: TaxOrlovanoe@oplonllps.net , ar 3) MAIL lot 245 Saw Mill River Rd., Sutto 106, Hawthnma NY 10532 4) Business Reply: See reverse side for instructions APPLICATION FOR CORRECTION OF PROPERTY TAX ASSE9§MENT I (Cllent) harshy engage Avom ne Paperties LLC ("Avenuno") to pmetan my Property Tax Ra±ch/Rethr.d pothlon in enlandar yean 2020/k011 as my solo represomnnvo pursuant go my rights guaranteed by New York Asale Rent Pmpeny Tan Law. I authorlzo iny Town/VHlago Departmem of Aancastnent(s) to e-.==±ate and negotiate directly with Aventine in all matters relating to thle npplication. 1g,3|g|]|g11g¿ You man he n person named In the records of the Town/County Clerk sa n homeownst pr that person's author|med ngent or a person who has comracted to buy the property, or the estato of a decanned hornoowner In order to he oligiblo in receive n inx assessment reduction and n property tax redtwtfon. Additionally, the property must be a one, two or (1179c thmily home need eX9his vcly for residentlel purposes, the tanca must he canent and the property must not have received a tas rodnelion in 2019. If you moct these ollgibility cerM-m you may sign this agreement. 2¬8arrica To Ba.P.atformadt Note (1st you are not required by law to ase n tax reduction servloo in onfer to file for and/or reemlve n lan assessmem reduction, By signingg this agrecrnery however, you are dlmsting Aventine (not affl!lated whh any montolpatity) to propere and file your FIrat level Complaint for review by the Town Reprd of Assessment Review mud m ropmsent in an Appeal Potltlon which includes physically appearing on your behalf at set!!ement conferences and all court hunrtngs em1 preparing and proseming a Marks Analysla or Appraisal. LNedticatica .0f ints.Reductlant Avontine wll) make re±-aeW efibrt to cert:±nto the terms of any offer of sculoment made by the Town in the nourso of the tax aar-cs.-:r.c;:: review prcceedir.5 as requ(red by law. I lbily authorite Avomine to negatlete any settlemem and refund shock Ibr me. 4rEme.Fatjliarvicet THERE 18 NO FBE UNLESS THERE IS A REDUCTION. I agree to pay a discounted foo equal to 50% of the Plrst Ynne's Tax Savings on my propony ranes, payabic within 30 days of the ne!!ne:!!on of the tax redussion and agree to pay such foo in the ovent I moll or move out of the subJost pmperty. Tle First Yonr's Tax Savings equals the nasessment isdiinica me!!!pl!ed by the rax raic prior to oxca"C.t, If paymset la nm made within 30 days of the notincation m Client, the IWll godissoumed ree of 7'Is of the Pirst Year's Tau Savings will be charged. In the event of delkylt, n flay dollar Ime Gre will spply after 304mys and, If needed, reasonable collectlen fees mod attorfgoy's fees inomwd by Avondne. A $30 coun filing foc plus a $75 appraisal foo will be added to the fee for a successful appeal only. No other lbus or chargen npply. $•Cancetation: At anygime *lthin three (3) days aAer ontering Into this contract I have the cai;;pic*e right to cancel this agreement in writing. . .. fi W 3-58o( If -o3-20 fligpiature Of Any Owner (Olent) Teloptione Date SKf g vs g'pancy Gman.,c, Prtat owner's (Olent's) Name Email Address e777._ L NttV* FW Tomo . .. . CAAMVH..C . Af Y.__ . J 25'2 4 Property Address City Elp SES REVERSE SIDE for Postage Peld Business Reply Mall 6 of 6