Preview
File No.3786-5 At a Special Condemnation and Tax Certiorari
Term of the Supreme Court of the State of New
York, held in and for the County of Suffolk, Central
lslip, New York on the day of
2021
PRESENT
Hon.
Justice
ORDER
ln the Matter of AND JUDGMENT
WALGREEN EASTERN CO., INC SCTM No. 600/1 08/3/1 0. 1
Petitioner, Tax Year lndex No.
- against - 2016117 61117712021
2017118 61117912021
THE ASSESSOR ANd THE BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF RIVERHEAD,
Respondents.
X
ln the Matter of
WALGREEN EASTERN CO., INC.AII/2 RIVERHEAD LLC Tax Year lndex No.
2018119 61118012021
Petitioner, 2019t20 61118212021
- against - 2020121 61118312021
THE ASSESSOR ANd THE BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF RIVERHEAD,
Respondents
x
On the notices and petitions and all of the proceedings herein, on the annexed
Stipulation of Settlement and on motion of Forchelli Deegan Terrana LLP, attorneys for
Petitioner, it is
ORDERED that the assessment of Petitioner's property on the assessment rolls of the
Town of Riverhead, the County of Suffolk, be corrected and reduced as follows:
Property Description: District 600, Section 108, Block 3, Lot 10.1
854 Harrison Ave., Riverhead, NY
Original Amount of FinalTotal
Tax Year Assessment Reduction Assessment
2016t17 $452,000 $50,000 $402,000
2017t18 $452,000 $60.000 $392,000
2018t19 $452,000 $70,000 $382,000
2019t20 s452,000 $90,000 $362,000
2020t21 $452,000 $90,000 $362.000
and it is further
ORDERED AND ADJUDGED that Respondent shall forthwith correct the assessment
rolls and note thereon that the same have been corrected pursuant to this Order, and it is further
ORDERED AND ADJUDGED that the Comptroller of the County of Suffolk, upon
service of two (2) certified copies of this Order and Judgment, together with a true copy of the
Stipulation of Settlement to which shall be attached a County Form 74(b) signed by the
Assessor of the Town of Riverhead, shall refund, within ninety (90) days from the date of service
upon the Office of the County Comptroller, to Forchelli Deegan Terrana LLP, as attorney for
Petitioner, the amount of all taxes and assessments that have been paid, upon proof that such
were paid by the petitioner or by an agent and/or person acting on behalf of the petitioner, on
account of the original assessed value in excess of the amount of such taxes and assessments
based upon the reduced assessed values as herein without interest, provided such refund shall
be paid on or before the expiration of ninety (90) days from the date of service upon the office of
the Office of the Suffolk County Comptroller; and it is further
ORDERED AND ADJUDGED that if such refund shall not be made within the time so
provided, interest shall be computed as follows:
and shall be paid by the County Comptroller with the refund when paid by the County
Comptroller and shall be deemed a County Charge; and it is further
ORDERED that the "date of service" shall be deemed to be the date of receipt by the
Office of the Suffolk County Comptroller and the burden of proof as to date of service shall be
on the petitioner; and it is further
ORDERED that the date of payment by the Suffolk County Comptroller shall be deemed
to be the date such payment is placed in the mail by the Suffolk County Comptroller and the
burden of proof of the date of payment shall be on the Suffolk County Comptroller; and it is
further
ORDERED that if any petition applicable to a tax year affected by this Order was part of
a master petition, then the petition shall be severed from the master petition, and it is further
ORDERED that these proceedings be discontinued without costs and a copy of this
Order and Judgment be filed under the index numbers of each of the proceedings settled
herein.
ENTER,
J.S.C
-3-
Preview
File No.3786-5 At a Special Condemnation and Tax Certiorari Term of the Supreme Court of the State of New York, held in and for the County of Suffolk, Central lslip, New York on the day of 2021 PRESENT Hon. Justice ORDER ln the Matter of AND JUDGMENT WALGREEN EASTERN CO., INC SCTM No. 600/1 08/3/1 0. 1 Petitioner, Tax Year lndex No. - against - 2016117 61117712021 2017118 61117912021 THE ASSESSOR ANd THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF RIVERHEAD, Respondents. X ln the Matter of WALGREEN EASTERN CO., INC.AII/2 RIVERHEAD LLC Tax Year lndex No. 2018119 61118012021 Petitioner, 2019t20 61118212021 - against - 2020121 61118312021 THE ASSESSOR ANd THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF RIVERHEAD, Respondents x On the notices and petitions and all of the proceedings herein, on the annexed Stipulation of Settlement and on motion of Forchelli Deegan Terrana LLP, attorneys for Petitioner, it is ORDERED that the assessment of Petitioner's property on the assessment rolls of the Town of Riverhead, the County of Suffolk, be corrected and reduced as follows: Property Description: District 600, Section 108, Block 3, Lot 10.1 854 Harrison Ave., Riverhead, NY Original Amount of FinalTotal Tax Year Assessment Reduction Assessment 2016t17 $452,000 $50,000 $402,000 2017t18 $452,000 $60.000 $392,000 2018t19 $452,000 $70,000 $382,000 2019t20 s452,000 $90,000 $362,000 2020t21 $452,000 $90,000 $362.000 and it is further ORDERED AND ADJUDGED that Respondent shall forthwith correct the assessment rolls and note thereon that the same have been corrected pursuant to this Order, and it is further ORDERED AND ADJUDGED that the Comptroller of the County of Suffolk, upon service of two (2) certified copies of this Order and Judgment, together with a true copy of the Stipulation of Settlement to which shall be attached a County Form 74(b) signed by the Assessor of the Town of Riverhead, shall refund, within ninety (90) days from the date of service upon the Office of the County Comptroller, to Forchelli Deegan Terrana LLP, as attorney for Petitioner, the amount of all taxes and assessments that have been paid, upon proof that such were paid by the petitioner or by an agent and/or person acting on behalf of the petitioner, on account of the original assessed value in excess of the amount of such taxes and assessments based upon the reduced assessed values as herein without interest, provided such refund shall be paid on or before the expiration of ninety (90) days from the date of service upon the office of the Office of the Suffolk County Comptroller; and it is further ORDERED AND ADJUDGED that if such refund shall not be made within the time so provided, interest shall be computed as follows: and shall be paid by the County Comptroller with the refund when paid by the County Comptroller and shall be deemed a County Charge; and it is further ORDERED that the "date of service" shall be deemed to be the date of receipt by the Office of the Suffolk County Comptroller and the burden of proof as to date of service shall be on the petitioner; and it is further ORDERED that the date of payment by the Suffolk County Comptroller shall be deemed to be the date such payment is placed in the mail by the Suffolk County Comptroller and the burden of proof of the date of payment shall be on the Suffolk County Comptroller; and it is further ORDERED that if any petition applicable to a tax year affected by this Order was part of a master petition, then the petition shall be severed from the master petition, and it is further ORDERED that these proceedings be discontinued without costs and a copy of this Order and Judgment be filed under the index numbers of each of the proceedings settled herein. ENTER, J.S.C -3-