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