Preview
FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021
File No. 3786-5
SUPREME COURT OF THE STATE OF NEWYORK
COUNTY OF SUFFOLK
STIPULATION
ln the Matter of OF SETTLEMENT
WALGREEN EASTERN CO., INC SCTM No. 600/10813110.1
Petitioner,
Tax Year lndex No.
- against - 2016117 61117712021
2017t18 61117912021
THE ASSESSOR ANd THE BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF RIVERHEAD,
Respondents
X
ln the Matter of
WALGREEN EASTERN CO., INC.^/V2 RIVERHEAD LLC Tax Year lndex No.
2018119 61118012021
Petitioner, 2019120 61118212021
- against - 2020121 61118312021
THE ASSESSOR ANd THE BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF RIVERHEAD,
Respondents
tT ts HEREBY sTtpuLATED AND AGREED by and between the undersigned that the
above entiled assessment review proceedings be and the same hereby are adjusted on the
following basis:
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
2016117 $452,000 $50,000 $402,000
2017t18 $452,000 $60.000 $392,000
2018119 $452,000 $70.000 $382,000
2019120 $452,000 $90.000 $362,000
2020121 $452,000 $90,000 $362,000
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tT ts FURTHER STTPULATED AND AGREED that the real property tax paid by the
petitioner to the Town of Riverhead for the tax years 2016117 through 2020121, insofar as such
tax may exceed the tax payment due on the reduced assessments as aforesaid, shall be
refunded to Forchelli Deegan Terrana LLP, as attorneys for Petitioner, without interest.
tT ts FURTHER STTPULATED AND AGREED that in the event that taxes are unpaid
and have already been billed for the Town of Riverhead in accordance with the original
promptly
assessed valuation, the officer or officers having custody of the assessment rolls shall
forward to the petitioner, a new bill or bills taxing said petitioner on the basis of the final total
assessed valuation as stipulated herein.
tT ts FURTHER STTPULATED AND AGREED that no petition for the review of the
assessment of the subject property shall be filed for lhe 2021122, 2022123 and 2Q23124 tax
years if the assessment for these tax years shall be the same as for the 2O2Ql21 tax year,
provided, however, the Assessor shall have the right to change the future assessment for any of
the permissible reasons set forth in Section 727 of the Real Property Tax Law, and the
petitioner shall have the corresponding right to file a petition for the review of the changed
provisions shall apply notwithstanding the possible future repeal or
assessment. The foregoing
invalidation of Section 727 of the Real Property Tax Law'
tT ts FURTHER STTPULATED AND AGREED that (a) the Petitioner has represented
(1) no sale of the premises has taken place within the past twelve (12) months, and (2) the
premises is not currently under contract of sale, and (b) the Assessor shall have the right to
vacate the Order and Judgment and increase the assessment to the original assessed value if it
such a sale occurred or contract was entered into, and that this provision shall
is determined
survive the entry of the Order and Judgment.
IT IS FURTHER STIPULATED AND AGREED thAt thE PCtitiONET AffidAVit ANd thc
representations contained therein attached hereio are incorporated and merged herein.
-2-
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IT IS FURTHER STIPULATED AND AGREED thAt thE TEdUCtiONS iN ASSCSSMENT fOT AII
years set forth herein are conditioned upon the Petitioner's representation that Petitioner is
to the over payment of taxes to be refunded resulting from
lawfully and/or contractually entiiled
the reductions in assessment set forth herein and shall indemnify and defend and otherwise
hold the County of Suffolk and the Town of Riverhead harmless from any claim by any
aggrieved party arising from the refund of the over payment of taxes to the petitioner herein.
tT ls FURTHER STIPULATED AND AGREED, that the proceedings herein are severed
from the master petition for the 2016117,2017118,2018119,2019/20 and 2O2Ol21 tax years
bearing tndex Nos. 2016-610591 ,2017-612924,2018-613674,2019-613537 and 2020-610671'
respectively.
IT IS FURTHER STIPULATED AND AGREED, thAt thE SAid ASSESSMENT TEV|CW
proceedings shall be discontinued forthwith without costs to any party and that an Order and
Judgment to said effect may be entered without notice'
Dated. June 11,2021
Uniondale' New York
F.R.HELLT DEEGAN TERRANA LLp
Attorneys for
By
W
Robert Kozakiewicz, Esq.
Town Attorney, Town of Riverhead
Attorney for
By
Scott DeSimone, S Counsel
Ag and consented to bY
Laverne D. Tennenberg,
-3-
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TO SUFFOLK COUNTY COMPTROLLER, COUNTY CENTER, RIVERHEAD, NY
FROM: ASSESSORS - TOWN OF RIVERHEAD
RE: X cERTToRART f cnrucelLATtoN oF TAXES (RprL/sEc, ssa)
n RPTL ARTICLE 7 SMALL CLAIMS REVIEW
CERTIORARI SMALL CLAIMS REVIEW
We the undersigned Assessors of the Town of Riverhead do hereby certify that the certiorari or petition action
indicated hereon is correct, and that no additional action or appeal is contemplated by the Town of Riverhead, and
the attached court order must be complied with.
SMALL CLAIMS PETITION NO:
z tltgtzozt
2018t19 61 1 180t2021 2019t20 61 11 82t2021
COURT ORDER INDEX NO: 2a2ol21 61118312021
DATE OF ORDER/PETITION June 21 .2021
CLAIMANT: Waloreen Eastern Co.- lnc-M/ 2 Riverhead IIC
NUMBER OF TAX YEARS COVERED BY ORDE R
CANCELLATION OF TAXES:
We the undersigned Assessors of the Town of the Riverhead certify that the following tax item(s) is to be cancelled
in conformity with Section 558 of New York State RPTL.
PROPERTY ACQUIRED BY:
DATE OF ACQUISITION: MEANS
COMPLETE THE FOLLOWING INFORMATION FOR EACH TAX YEAR
TAXYEAR TAX MAP NO, ORIGINAL ASSESSMENT 485-b
DtsT. 0600 ASSESSMENT CHANGED TO EXEMPTION
AMOUNT
2016t17
2017t18
108.-3-10.1
108.-3-10.1
452,000
452,000
402,000 I 3 5
392.000
2018t19 108.-3-10.1 4s2.000 382.000
2019t20 108.-3-10.1 452.000 362.000
2020t21 108.-3-10.1 452.000 362,000
SEWER RENTS UNITS CONSUMED: NO CHANGE TO SEWER RENTS FOR ALL YEARS
**PLEASE ADD SEWER
DISTRICT CHARGES IF APPLICABLE**
Article 7 Small Claims Review (to be completed by Tax Receiver)
Tax Levied: $
Corrected Tax $_
Chargeback, if any, should be made to the Town of
Isolr Xsonno
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK ) to me tnis C4ff day of
21
Notary Publ
Supp.FormT4-B Orig inal-County Treasurer Copy-Assessor
-ff$,i,iii l,:::}'ffi
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
X
ln the Matter of
WALGREEN EASTERN CO., INC.M 2 AFFIRMATION OF
RIVERHEAD LLC REGULARITY
Petitioner,
Tax Year lndex No.
-against- 2016117 61117712021
2017118 61117912021
THE ASSESSOR AND THE BOARD OF ASSESSMENT 2018t19 61118012021
REVIEW OF THE TOWN OF RIVERHEAD 2019120 61118212021
2020t21 61118312021
Respondent
SCTM No. 600/1 0813110.1
X
l, the undersigned attorney-at-law, duly admitted to the practice of law in the
State of New York, respectfully affirm:
1. I am a partner in the law firm of Forchelli Deegan Terrana LLP, attorneys
for the Petitioner herein.
2. This proceeding is for tax review pursuant to Real Property Tax Law,
Article 7, Section 700 et seq.
3. That all parties, including the intervenors, if any, have been notified of the
proposed settlement and have stipulated and agreed to same.
WHEREFORE, I respectfully request that the annexed Order and Judgment be
entered herein, for which no previous application has been made.
Affirmed under penalties of perjury
this 21sr day of JulY,2021
FORCHELLI DEEGAN TERRANA LLP
Attorneys for Petitioner
333 Earle Ovington Blvd
Uniondale, New Y o 11
(516) 248-1
By
DO W. ATKINS, ESQ
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021
OUR FILE NO.3786-5
SUPREME COURT OF THE SIATE OF NEW YORK
COUNTY OF SUFFOLK
ln the Matter of
WALGREEN EASTERN CO., INC.M2 RIVERHEAD LLC AFFTDAVIT
Petitioner, SCTM No.
600/108/3/10.1
-against-
THE ASSESSOR AND THE BOARD OF ASSESSMENT
REVIEW OF THE TOWN OF RIVERHEAD,
ResPondent'
STATE OF ILLINOIS )
SS:
couNw oF LAKE )
Brian Grossman, being duly sworn, deposes and says:
1. I am the Property Tax Director of walgreen Eastern co., 100% occupant
of the property described above which is the subject of the above captioned
and taxpayer
Real Proper$ Tax Article 7 tax certiorari proceeding'
2. I hereby consent to the terms set forth in the within Stipulation of Settlement
in support of the settlement of the above captioned proceedings'
and submit this affidavit
3. I hereby represent to the best of my knowledge, (1) that no sale of the
took place during the twelve month period preceding the date of the
subject premises
herein, and (2) that the premises is not currently under contract
stipulation of setflement
of sale nor has the premises been under contract of sale during the twelve months
preceding the date of the stipulation of settlement herein.
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entitled to
4. I further represent that petitioner is lawfully and/or contractually
to be refunded resulting from the reductions in assessment set
the over payment of taxes
in the Stiputation of Settlement and petitioner shall indemnify and defend and
forth
hold the County of Suffolk and the Town of Riverhead harmless from a valid
otherwise
by an aggrieved party who in fact was legally or contractually entitled to a refund of
claim
the over payment of taxes to the petitioner herein'
Brian Grossman
,Sf
Sworn to before me this t
day of iune ,2021
OFFICIAL SEAL
Al,lG[E NG
NOTARY R'STJC. STAIE OF TLUNOIS
Notary lf,V @tff dSIiON AORES:I 1223
-2-
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
SS
COUNTY OF NASSAU )
JACQUELINE HELKOWSKI, being duly sworn, says:
I am not a party to this action, am over 18 years of age and reside in Uniondale,
New York. On July 21, 2021 I served a true copy of the annexed ORDER AND
JUDGMENT WITH STIPULATION OF SETTLEMENT, ALONG WITH TRUE COPIES
OF REQUESTS FOR JUDICIAL INTERVENTION FOR EACH APPLICABLE TAX
YEAR in the following manner:
By mailing same in a sealed envelope, with postage prepaid thereon, in a post
office oi official depository of the U.S. postal service within the State of New York,
addressed to the last known address of the addressee(s) indicated below:
Scott DeSimone, Esq.
41780 Route 25
PO Box 233
Peconic, NY 1 1958-0233
u*&-^, ,*A^
LINE HEL KI
Sworn to before me this 21st
day of July,2O21
LA I,
Public
DOROTHY CLARE FOGARry
Notary Pultlic, Siate of New York
No.01FO4924856
in Suffolk
Qr.la!,iied CouD{y. .-,, 1
Comrnissiort ExPires APril 4, Jo ' r
8 of 9
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Preview
FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 File No. 3786-5 SUPREME COURT OF THE STATE OF NEWYORK COUNTY OF SUFFOLK STIPULATION ln the Matter of OF SETTLEMENT WALGREEN EASTERN CO., INC SCTM No. 600/10813110.1 Petitioner, Tax Year lndex No. - against - 2016117 61117712021 2017t18 61117912021 THE ASSESSOR ANd THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF RIVERHEAD, Respondents X ln the Matter of WALGREEN EASTERN CO., INC.^/V2 RIVERHEAD LLC Tax Year lndex No. 2018119 61118012021 Petitioner, 2019120 61118212021 - against - 2020121 61118312021 THE ASSESSOR ANd THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF RIVERHEAD, Respondents tT ts HEREBY sTtpuLATED AND AGREED by and between the undersigned that the above entiled assessment review proceedings be and the same hereby are adjusted on the following basis: 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 2016117 $452,000 $50,000 $402,000 2017t18 $452,000 $60.000 $392,000 2018119 $452,000 $70.000 $382,000 2019120 $452,000 $90.000 $362,000 2020121 $452,000 $90,000 $362,000 1 of 9 FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 tT ts FURTHER STTPULATED AND AGREED that the real property tax paid by the petitioner to the Town of Riverhead for the tax years 2016117 through 2020121, insofar as such tax may exceed the tax payment due on the reduced assessments as aforesaid, shall be refunded to Forchelli Deegan Terrana LLP, as attorneys for Petitioner, without interest. tT ts FURTHER STTPULATED AND AGREED that in the event that taxes are unpaid and have already been billed for the Town of Riverhead in accordance with the original promptly assessed valuation, the officer or officers having custody of the assessment rolls shall forward to the petitioner, a new bill or bills taxing said petitioner on the basis of the final total assessed valuation as stipulated herein. tT ts FURTHER STTPULATED AND AGREED that no petition for the review of the assessment of the subject property shall be filed for lhe 2021122, 2022123 and 2Q23124 tax years if the assessment for these tax years shall be the same as for the 2O2Ql21 tax year, provided, however, the Assessor shall have the right to change the future assessment for any of the permissible reasons set forth in Section 727 of the Real Property Tax Law, and the petitioner shall have the corresponding right to file a petition for the review of the changed provisions shall apply notwithstanding the possible future repeal or assessment. The foregoing invalidation of Section 727 of the Real Property Tax Law' tT ts FURTHER STTPULATED AND AGREED that (a) the Petitioner has represented (1) no sale of the premises has taken place within the past twelve (12) months, and (2) the premises is not currently under contract of sale, and (b) the Assessor shall have the right to vacate the Order and Judgment and increase the assessment to the original assessed value if it such a sale occurred or contract was entered into, and that this provision shall is determined survive the entry of the Order and Judgment. IT IS FURTHER STIPULATED AND AGREED thAt thE PCtitiONET AffidAVit ANd thc representations contained therein attached hereio are incorporated and merged herein. -2- 2 of 9 FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 IT IS FURTHER STIPULATED AND AGREED thAt thE TEdUCtiONS iN ASSCSSMENT fOT AII years set forth herein are conditioned upon the Petitioner's representation that Petitioner is to the over payment of taxes to be refunded resulting from lawfully and/or contractually entiiled the reductions in assessment set forth herein and shall indemnify and defend and otherwise hold the County of Suffolk and the Town of Riverhead harmless from any claim by any aggrieved party arising from the refund of the over payment of taxes to the petitioner herein. tT ls FURTHER STIPULATED AND AGREED, that the proceedings herein are severed from the master petition for the 2016117,2017118,2018119,2019/20 and 2O2Ol21 tax years bearing tndex Nos. 2016-610591 ,2017-612924,2018-613674,2019-613537 and 2020-610671' respectively. IT IS FURTHER STIPULATED AND AGREED, thAt thE SAid ASSESSMENT TEV|CW proceedings shall be discontinued forthwith without costs to any party and that an Order and Judgment to said effect may be entered without notice' Dated. June 11,2021 Uniondale' New York F.R.HELLT DEEGAN TERRANA LLp Attorneys for By W Robert Kozakiewicz, Esq. Town Attorney, Town of Riverhead Attorney for By Scott DeSimone, S Counsel Ag and consented to bY Laverne D. Tennenberg, -3- 3 of 9 FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 TO SUFFOLK COUNTY COMPTROLLER, COUNTY CENTER, RIVERHEAD, NY FROM: ASSESSORS - TOWN OF RIVERHEAD RE: X cERTToRART f cnrucelLATtoN oF TAXES (RprL/sEc, ssa) n RPTL ARTICLE 7 SMALL CLAIMS REVIEW CERTIORARI SMALL CLAIMS REVIEW We the undersigned Assessors of the Town of Riverhead do hereby certify that the certiorari or petition action indicated hereon is correct, and that no additional action or appeal is contemplated by the Town of Riverhead, and the attached court order must be complied with. SMALL CLAIMS PETITION NO: z tltgtzozt 2018t19 61 1 180t2021 2019t20 61 11 82t2021 COURT ORDER INDEX NO: 2a2ol21 61118312021 DATE OF ORDER/PETITION June 21 .2021 CLAIMANT: Waloreen Eastern Co.- lnc-M/ 2 Riverhead IIC NUMBER OF TAX YEARS COVERED BY ORDE R CANCELLATION OF TAXES: We the undersigned Assessors of the Town of the Riverhead certify that the following tax item(s) is to be cancelled in conformity with Section 558 of New York State RPTL. PROPERTY ACQUIRED BY: DATE OF ACQUISITION: MEANS COMPLETE THE FOLLOWING INFORMATION FOR EACH TAX YEAR TAXYEAR TAX MAP NO, ORIGINAL ASSESSMENT 485-b DtsT. 0600 ASSESSMENT CHANGED TO EXEMPTION AMOUNT 2016t17 2017t18 108.-3-10.1 108.-3-10.1 452,000 452,000 402,000 I 3 5 392.000 2018t19 108.-3-10.1 4s2.000 382.000 2019t20 108.-3-10.1 452.000 362.000 2020t21 108.-3-10.1 452.000 362,000 SEWER RENTS UNITS CONSUMED: NO CHANGE TO SEWER RENTS FOR ALL YEARS **PLEASE ADD SEWER DISTRICT CHARGES IF APPLICABLE** Article 7 Small Claims Review (to be completed by Tax Receiver) Tax Levied: $ Corrected Tax $_ Chargeback, if any, should be made to the Town of Isolr Xsonno STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) to me tnis C4ff day of 21 Notary Publ Supp.FormT4-B Orig inal-County Treasurer Copy-Assessor -ff$,i,iii l,:::}'ffi 4 of 9 FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X ln the Matter of WALGREEN EASTERN CO., INC.M 2 AFFIRMATION OF RIVERHEAD LLC REGULARITY Petitioner, Tax Year lndex No. -against- 2016117 61117712021 2017118 61117912021 THE ASSESSOR AND THE BOARD OF ASSESSMENT 2018t19 61118012021 REVIEW OF THE TOWN OF RIVERHEAD 2019120 61118212021 2020t21 61118312021 Respondent SCTM No. 600/1 0813110.1 X l, the undersigned attorney-at-law, duly admitted to the practice of law in the State of New York, respectfully affirm: 1. I am a partner in the law firm of Forchelli Deegan Terrana LLP, attorneys for the Petitioner herein. 2. This proceeding is for tax review pursuant to Real Property Tax Law, Article 7, Section 700 et seq. 3. That all parties, including the intervenors, if any, have been notified of the proposed settlement and have stipulated and agreed to same. WHEREFORE, I respectfully request that the annexed Order and Judgment be entered herein, for which no previous application has been made. Affirmed under penalties of perjury this 21sr day of JulY,2021 FORCHELLI DEEGAN TERRANA LLP Attorneys for Petitioner 333 Earle Ovington Blvd Uniondale, New Y o 11 (516) 248-1 By DO W. ATKINS, ESQ 5 of 9 FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 OUR FILE NO.3786-5 SUPREME COURT OF THE SIATE OF NEW YORK COUNTY OF SUFFOLK ln the Matter of WALGREEN EASTERN CO., INC.M2 RIVERHEAD LLC AFFTDAVIT Petitioner, SCTM No. 600/108/3/10.1 -against- THE ASSESSOR AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF RIVERHEAD, ResPondent' STATE OF ILLINOIS ) SS: couNw oF LAKE ) Brian Grossman, being duly sworn, deposes and says: 1. I am the Property Tax Director of walgreen Eastern co., 100% occupant of the property described above which is the subject of the above captioned and taxpayer Real Proper$ Tax Article 7 tax certiorari proceeding' 2. I hereby consent to the terms set forth in the within Stipulation of Settlement in support of the settlement of the above captioned proceedings' and submit this affidavit 3. I hereby represent to the best of my knowledge, (1) that no sale of the took place during the twelve month period preceding the date of the subject premises herein, and (2) that the premises is not currently under contract stipulation of setflement of sale nor has the premises been under contract of sale during the twelve months preceding the date of the stipulation of settlement herein. 6 of 9 FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 entitled to 4. I further represent that petitioner is lawfully and/or contractually to be refunded resulting from the reductions in assessment set the over payment of taxes in the Stiputation of Settlement and petitioner shall indemnify and defend and forth hold the County of Suffolk and the Town of Riverhead harmless from a valid otherwise by an aggrieved party who in fact was legally or contractually entitled to a refund of claim the over payment of taxes to the petitioner herein' Brian Grossman ,Sf Sworn to before me this t day of iune ,2021 OFFICIAL SEAL Al,lG[E NG NOTARY R'STJC. STAIE OF TLUNOIS Notary lf,V @tff dSIiON AORES:I 1223 -2- 7 of 9 FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) SS COUNTY OF NASSAU ) JACQUELINE HELKOWSKI, being duly sworn, says: I am not a party to this action, am over 18 years of age and reside in Uniondale, New York. On July 21, 2021 I served a true copy of the annexed ORDER AND JUDGMENT WITH STIPULATION OF SETTLEMENT, ALONG WITH TRUE COPIES OF REQUESTS FOR JUDICIAL INTERVENTION FOR EACH APPLICABLE TAX YEAR in the following manner: By mailing same in a sealed envelope, with postage prepaid thereon, in a post office oi official depository of the U.S. postal service within the State of New York, addressed to the last known address of the addressee(s) indicated below: Scott DeSimone, Esq. 41780 Route 25 PO Box 233 Peconic, NY 1 1958-0233 u*&-^, ,*A^ LINE HEL KI Sworn to before me this 21st day of July,2O21 LA I, Public DOROTHY CLARE FOGARry Notary Pultlic, Siate of New York No.01FO4924856 in Suffolk Qr.la!,iied CouD{y. .-,, 1 Comrnissiort ExPires APril 4, Jo ' r 8 of 9 FILED: SUFFOLK COUNTY CLERK 07/21/2021 02:22 PM INDEX NO. 611177/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/21/2021 9 of 9