Preview
FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018
TO: THE COUNTY CLERK OF ANGE COUNTY
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
Application for I DEX NUMBER pursuant to
Secti n 8018 of CPLR
SUPREME
COUNTY COURT
FÈE
Space below to be ED or PRINTED by Applicant
FULL TITLE OF CTION OR PROCEEDING
I >t>Ylmt>' t>r
E>rrf>/n/
vs
%js Asssssue ga q+Js Sope g o Ass assesar Advish] of
~b'4 +dgd pp goS+fwg H~Q ~4'M TGMH eF g~~~ g~pwg~
/8I/IA/-Y rV>Q PuPfc
6/ta SyC SaRev £2. . Po. S.,V.'. 9t-13 á7/ v M4/a9¬ (vska¬ A Y
Name and Address of for Plaintiff or Petitioner
Attorney D C) 2f
CoS4fftd 'TD h?td Wata s j o toA/ Gos#6 .~ f/ , /¿9 2y
+JGLL, 5f
Name and Address of Attorney for Defendant or Respondent
4 6 . /8<
Name of Applicant
SUBMITTED PAPERS ARE: (Please check bely)
Summons 6 Complaint Order to Show Cause
_ Summons w/Notice Poor Person Afft/Atty's Cert.
X Notice of Petition Other:
- ~~
Petition
THIS FORM MUST BE COMPLETED AND SIG 4ED BY APPLICANT:
( gnature)
SPACE BELOW FOR OFFICE USE ONLY
REQUISITIONED BY: Date:
Date:
Date:
iledin Orange County 07/23/2018 04:03:08 PM $0.00 Bk:
1 of
5131 10 Pg: 1941 Index: 0 EF007651-2018 Clerk: DK
FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
SUPREME COURT OF THE STA E OF NEW YORK
COUNTY OF ORANGE
Index Number
In the Matter of
BRIAN DUNLEVY
NOTICE OF
Petitioner, PETITION
-against-
BO' ASSESS-
THE ASSESSOR AND THE BOAIO OF
MENT REVIEW OF THE TOWN hp GOSHEN,
AND THE TOWN OF GOSHEN, COUNTY OF
ORANGE, NEW YORK,
Respondent.
SIRS:
I
PLEASE TAKE NOTICE, at upon the annexed petition, an application will be made at
a Special Term of the Supreme Cou Ô to be held at the ORANGE County Courthouse, in
GOSHEN, New York, on Septeniber 12, 2018, or on such other date as specified by the Court, at
the opening of Court on that day, or as|soon thereafter as counsel can be heard, for the review
under Article 7 of the Real Propeity Tax Law, of the tax assessment on certain real property of
the petitioner, situate in the said 1UI i ipality and said County, State of New York, appearing
he'
upon the assessment rolls made for e current fiscal year, being the real property particularly
described in said petition, and for at order canceling, revising or correcting said assessment, and
granting such other, further and di rent relief as to this Court may seem just and proper,
together with the costs of this proceeding.
Dated: July 1, 2018 Yours, etc.,
. John F.X. Burke, ESQ.
Attorneys for Petitioner
210 Main Street
Goshen, New York 10924
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FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
SUPREME COURT OF THE STA"E OF NEW YORK
COUNTY OF ORANGE
Index Number
In the Matter of
BRIAN DUNLEVY
Petitioner, PETITION
-against-
THE ASSESSOR AND THE BOAIQOF ASSESS-
MENT REVIEW OF THE TOWÑ OF GOSHEN,
AND THE TOWN OF GOSHEN, CÓUNTY OF
ORANGE, NEW YORK,
Respondent.
TO THE SUPREME COURT OF T STATE OF NEW YORK
The petitioner above named :espectfully shows to this court, on information and belief, as
follows:
1. That petitioner was a ll stillis the owner or net lessee responsible for payment of
real estate taxes of certain real pr5perty in the said Municipality described and assessed on the
"A"
current assessment rolls of the said IViunicipality as set forth in Column 1, Schedule annexed
hereto.
2. That the said Municipality is a municipal corporation existing under the laws of
the State of New York, and that at a 1 times hereinafter mentioned, there was a Board of
Assessors and a Board of Assessme t R.eview of said Municipality whose duties included the
preparation and filing of its real property assessment roll for the current year.
3. That the said Board proceeded to prepare and complete the assessment rolls of the
said Municipality for the current fis year, and deposited them in their office and thereupon
caused notice to be published in the official newspaper of said County containing a statement
that the said rolls might be seen and examined by the public within the time prescribed by law.
4. That, at the specified time, petitioner duly protested and filed with said Board a
certified statement of protest specifyi the respects in which said assessment was erroneous and
should be corrected, revised, and re uced. Said statement of protest is hereby incorporated in
this petition by reference thereto wi h the same force and effect as though set forth herein at
length. Said Board refused, and til refuses to correct, revise or reduce said assessment to the
proper level. The said Board therea er finally completed the assessment rolls, duly made and
subscribed their official oath theretc, filed same and caused notice to be published in the official
newspaper of said County.
3 of 10
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5. Upon information and belief, the valuation and assessment of petitioner's said real
property, made as aforesaid, is eous, unlawful, unequal and excessive for the following
reasons:
A. While the total value as found by the Board is as shown in Column 2 of Schedule "A",
actu/lly,'
the said real property is actutlly of a full and true value not exceeding the amount as
shown in Column 3 of Schec Ule
iIle "A", so that the extent of such overvaluation is at least as
shown in Column 4 of Scl e dle "A";
B. According to statements mac e by the Assessor and the local officials, the New York State
Equalization Board published figures, and/or actual sales of properties in the taxing
jurisdiction during the applicable year, real property in the said Municipality is generally
assessed at a percentage of 1 value as shown in Column 5 of Schedule "A";
C. Petitioner's said real prop is assessed at approximately the percentage of full value
shown in Column 6 of Sche le "A";
D. Said assessment is unequal in that ithas been made at a higher proportionate valuation
than the assessment of other 3roperty made on the same rolls by the same assessing
officers, and such inequality dists
xists not only in specific instances, but generally
throughout the assessment rolls of said Municipality, and petitioner specifies, as instances
of such inequality, all other real properties assessed upon the same assessment rolls;
E. Said assessment is unlawful µnd erroneous in that petitioner's said real property is not
assessed on one common and general principal of valuation applied by the assessing
officers in assessing generallÝ the real property appearing upon the same assessment
rolls;
F. Said assessment of petitione1'deal property is unlawful and erroneous in that the
valuation of the improvements thereon is.made upon the basis of cost of reproduction less
depreciation, or upon some cther unlawful and unjust method of valuation, and the
valuation of the building and improvements, as well as the valuation of the land thereof is
not made at the actual marke or full value thereof, as required by the Statutes in such
case made and provided;
G. Said assessment is unequal that ithas been made at a high proportionate valuation that
iy
the assessment of other taxable real property of the same major type as determined by the
State Board of Equalization and Assessment pursuant to Section 1200 of the Real
Property Tax Law.
6. By reason of the fore ping, the petitioner is aggrieved and will be injured thereby
and suffer loss, and will be required to pay taxes in a greater amount than if said assessment had
been lawfully, correctly and properly made as set forth in Column 7 of Schedule "A".
4 of 10
FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018
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7. That the assessment > herwise violates petitioner's rights pursuant to the
Constitutions of the United States and the State of New York.
8. Thirty days have not elapsed since the final completion and filing of the said
assessment rolls for the current fibca year.
9. That no previous dr
or d er application has been made to this or any other court for
the relief sought herein.
WHEREFORE, petitioner ays that this Court review the assessment of petitioner's real
property, made as aforesaid, the ass ssment rolls of the said Municipality, and that the
assessment be canceled, revised, or orrected, and that petitioner have such other, further, and
different relief in the premises as to the Court may seem just and proper, together with the costs
of this proceeding.
Dated: July 1, 2018
J F.X. ke, ESQ.
·
B John F.X. Burke
I
5 of 10
FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
Schedule A
1 2 3 4 5 6 7
Total Value Actual Property Generally Petitoiner's
Found By Full & True Extent of Assessed at the Property Lawful
Addrsss SBL Assessment Board Value Overvaluation Following Pecent Assessed At Assessment
231 N. Church St. 110-4-11.2 $ 379,200 $ 536,866 $ 200,000 $ 336,866 67% 190% $ 134,000
6 of 10
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
NOTICE OF CLAIM FO REDUCTION OF ASSESSMENT OF
REAL PROPERTY ON C DUNTY TAX ASSESSMENT ROLLS OF:
COUNTY- ORANGE Cct Treasurer
niy
County Government Center, GOSHEN, NEW YORK
SCHOOL - GOSHEN
Pursuant to REAL PRO BERTY TAX LAW, §708(3) and §1316(5)
TO: THE TREASURER OF SAID COUNTY AlyD BOARD OF EDUCATION AND/OR TRUSTEES
OF SAID SCHOOL DISTRICT, COMMISSIOI R AND ALL MEMBERS OF THE BOARD OF
EDUCATION AND/OR TRUSTEES OF SAID : EHOOL DISTRICT:
PLEASE TAKE NOTICE, that the petitioner who made the annexed petition against respondents named
petitionejt
therein hereby makes the same claim for reduction Lf
of aid assessment on said County Tax Rolls to the Treasurer
~ ~
of said County, as well as to the above named Schcol District, to the same extent, on the same grounds, of the
same real property and in the same amount as set fortll in the annexed petition which is incorporated herein and
made a part hereof the same as if itwere set forth in fullin this Notice of Claim.
Dated: July 1, 2018 Yoúrs etc.,
John F.K.
.X~.Burke, ESQ.
Attorr eys for Petitioner
210 lV ain Street
Goshen, New York 10924
7 of 10
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
AUTHORIZATION
Property Owner/Aggrieved Persan:
Brian Dunlevy and/or Tailwind Properties, LLC
The undersigned, being a troperty ·owner/aggrieved person, as
petitioner, or an office ) or partner of such property
owner/aggrieved person, hereby authorizes:
JOHN F.X. BURKE, ÈS2.
Goshen, New York 10924
or any representative employed by such person to act as our agent,
representative,
(1) to commence and maintain any proceeding authorized by law in
d' '
any municipality .and/or
d/ quas:--judicial body of the State of for
.the purpose of challenging and/or contesting real property
assessments;
(2) to respond and appear :4 any proceedings on behalf of the
undersigned with respect to acy matters relating to the foregoing
challenges.
This authorization applies to _he following property
Goshen (Town & ViÓge), Orange Co., New York
Varl
OWNER
Date: July 1, 2018
8 of 10
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
ATTORNEY S AFFIRMATION
STATE OF NEW YORK )
) ss.:
COUNTY OF ORANGE )
The undersigned, an attorney duly admitted to practice in the Courts of the State of New
!
York, shows:
Deponent is John F.X. Burke, the attorney of record for the petitioner in this proceeding;
deponent has read the foregoing pet tion and knows the contents thereof; the same is true to
deponent's own knowledge, except at to the matters therein stated to be alleged on information
and belief and that as to those matte s deponent believes itto be true. This affirmation is made
by deponent and not by the petitioner per the attached authorization.
The grounds of deponent's belief as to all matters not stated upon deponent's knowledge
are as follows: statements of the peti ioner to your deponent, correspondence between petitioner
and your deponent, and your depdner t's investigation of the facts in this case.
The undersigned affirms that the foregoing statements are true under penalty of perjury.
Dated: July 1, 2018
J F. . urke
9 of 10
FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018
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CERTIFICATION
In accordance with Section 30-1.1a of the Rules of the Chief Administrator (22
NYCRR), I the undersigned hereby certify that, to the best of my knowledge, information and
belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper
"c"
or contentions listed below are not f rivolous as defined in subsection of Section 130-1.1:
X Notice of Petition and Petition including exhibits annexed thereto;
Notice of Motion to , including
exhibits annexed thereto; ',
Trial Note of Issue and Certi:1 ate of Readiness;
RJI;
Proposed Order & Stipulation of Settlement;
s'
Statement of Income & Ex'penses;
Summons & Complaint;
Order to Show Cause to , including
exhibits annexed thereto;
Other
Dated: July 1, 2018
Jo .X. Burke
10 of 10
Preview
FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 TO: THE COUNTY CLERK OF ANGE COUNTY NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 Application for I DEX NUMBER pursuant to Secti n 8018 of CPLR SUPREME COUNTY COURT FÈE Space below to be ED or PRINTED by Applicant FULL TITLE OF CTION OR PROCEEDING I >t>Ylmt>' t>r E>rrf>/n/ vs %js Asssssue ga q+Js Sope g o Ass assesar Advish] of ~b'4 +dgd pp goS+fwg H~Q ~4'M TGMH eF g~~~ g~pwg~ /8I/IA/-Y rV>Q PuPfc 6/ta SyC SaRev £2. . Po. S.,V.'. 9t-13 á7/ v M4/a9¬ (vska¬ A Y Name and Address of for Plaintiff or Petitioner Attorney D C) 2f CoS4fftd 'TD h?td Wata s j o toA/ Gos#6 .~ f/ , /¿9 2y +JGLL, 5f Name and Address of Attorney for Defendant or Respondent 4 6 . /8< Name of Applicant SUBMITTED PAPERS ARE: (Please check bely) Summons 6 Complaint Order to Show Cause _ Summons w/Notice Poor Person Afft/Atty's Cert. X Notice of Petition Other: - ~~ Petition THIS FORM MUST BE COMPLETED AND SIG 4ED BY APPLICANT: ( gnature) SPACE BELOW FOR OFFICE USE ONLY REQUISITIONED BY: Date: Date: Date: iledin Orange County 07/23/2018 04:03:08 PM $0.00 Bk: 1 of 5131 10 Pg: 1941 Index: 0 EF007651-2018 Clerk: DK FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 SUPREME COURT OF THE STA E OF NEW YORK COUNTY OF ORANGE Index Number In the Matter of BRIAN DUNLEVY NOTICE OF Petitioner, PETITION -against- BO' ASSESS- THE ASSESSOR AND THE BOAIO OF MENT REVIEW OF THE TOWN hp GOSHEN, AND THE TOWN OF GOSHEN, COUNTY OF ORANGE, NEW YORK, Respondent. SIRS: I PLEASE TAKE NOTICE, at upon the annexed petition, an application will be made at a Special Term of the Supreme Cou Ô to be held at the ORANGE County Courthouse, in GOSHEN, New York, on Septeniber 12, 2018, or on such other date as specified by the Court, at the opening of Court on that day, or as|soon thereafter as counsel can be heard, for the review under Article 7 of the Real Propeity Tax Law, of the tax assessment on certain real property of the petitioner, situate in the said 1UI i ipality and said County, State of New York, appearing he' upon the assessment rolls made for e current fiscal year, being the real property particularly described in said petition, and for at order canceling, revising or correcting said assessment, and granting such other, further and di rent relief as to this Court may seem just and proper, together with the costs of this proceeding. Dated: July 1, 2018 Yours, etc., . John F.X. Burke, ESQ. Attorneys for Petitioner 210 Main Street Goshen, New York 10924 2 of 10 FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 SUPREME COURT OF THE STA"E OF NEW YORK COUNTY OF ORANGE Index Number In the Matter of BRIAN DUNLEVY Petitioner, PETITION -against- THE ASSESSOR AND THE BOAIQOF ASSESS- MENT REVIEW OF THE TOWÑ OF GOSHEN, AND THE TOWN OF GOSHEN, CÓUNTY OF ORANGE, NEW YORK, Respondent. TO THE SUPREME COURT OF T STATE OF NEW YORK The petitioner above named :espectfully shows to this court, on information and belief, as follows: 1. That petitioner was a ll stillis the owner or net lessee responsible for payment of real estate taxes of certain real pr5perty in the said Municipality described and assessed on the "A" current assessment rolls of the said IViunicipality as set forth in Column 1, Schedule annexed hereto. 2. That the said Municipality is a municipal corporation existing under the laws of the State of New York, and that at a 1 times hereinafter mentioned, there was a Board of Assessors and a Board of Assessme t R.eview of said Municipality whose duties included the preparation and filing of its real property assessment roll for the current year. 3. That the said Board proceeded to prepare and complete the assessment rolls of the said Municipality for the current fis year, and deposited them in their office and thereupon caused notice to be published in the official newspaper of said County containing a statement that the said rolls might be seen and examined by the public within the time prescribed by law. 4. That, at the specified time, petitioner duly protested and filed with said Board a certified statement of protest specifyi the respects in which said assessment was erroneous and should be corrected, revised, and re uced. Said statement of protest is hereby incorporated in this petition by reference thereto wi h the same force and effect as though set forth herein at length. Said Board refused, and til refuses to correct, revise or reduce said assessment to the proper level. The said Board therea er finally completed the assessment rolls, duly made and subscribed their official oath theretc, filed same and caused notice to be published in the official newspaper of said County. 3 of 10 FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 5. Upon information and belief, the valuation and assessment of petitioner's said real property, made as aforesaid, is eous, unlawful, unequal and excessive for the following reasons: A. While the total value as found by the Board is as shown in Column 2 of Schedule "A", actu/lly,' the said real property is actutlly of a full and true value not exceeding the amount as shown in Column 3 of Schec Ule iIle "A", so that the extent of such overvaluation is at least as shown in Column 4 of Scl e dle "A"; B. According to statements mac e by the Assessor and the local officials, the New York State Equalization Board published figures, and/or actual sales of properties in the taxing jurisdiction during the applicable year, real property in the said Municipality is generally assessed at a percentage of 1 value as shown in Column 5 of Schedule "A"; C. Petitioner's said real prop is assessed at approximately the percentage of full value shown in Column 6 of Sche le "A"; D. Said assessment is unequal in that ithas been made at a higher proportionate valuation than the assessment of other 3roperty made on the same rolls by the same assessing officers, and such inequality dists xists not only in specific instances, but generally throughout the assessment rolls of said Municipality, and petitioner specifies, as instances of such inequality, all other real properties assessed upon the same assessment rolls; E. Said assessment is unlawful µnd erroneous in that petitioner's said real property is not assessed on one common and general principal of valuation applied by the assessing officers in assessing generallÝ the real property appearing upon the same assessment rolls; F. Said assessment of petitione1'deal property is unlawful and erroneous in that the valuation of the improvements thereon is.made upon the basis of cost of reproduction less depreciation, or upon some cther unlawful and unjust method of valuation, and the valuation of the building and improvements, as well as the valuation of the land thereof is not made at the actual marke or full value thereof, as required by the Statutes in such case made and provided; G. Said assessment is unequal that ithas been made at a high proportionate valuation that iy the assessment of other taxable real property of the same major type as determined by the State Board of Equalization and Assessment pursuant to Section 1200 of the Real Property Tax Law. 6. By reason of the fore ping, the petitioner is aggrieved and will be injured thereby and suffer loss, and will be required to pay taxes in a greater amount than if said assessment had been lawfully, correctly and properly made as set forth in Column 7 of Schedule "A". 4 of 10 FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 7. That the assessment > herwise violates petitioner's rights pursuant to the Constitutions of the United States and the State of New York. 8. Thirty days have not elapsed since the final completion and filing of the said assessment rolls for the current fibca year. 9. That no previous dr or d er application has been made to this or any other court for the relief sought herein. WHEREFORE, petitioner ays that this Court review the assessment of petitioner's real property, made as aforesaid, the ass ssment rolls of the said Municipality, and that the assessment be canceled, revised, or orrected, and that petitioner have such other, further, and different relief in the premises as to the Court may seem just and proper, together with the costs of this proceeding. Dated: July 1, 2018 J F.X. ke, ESQ. · B John F.X. Burke I 5 of 10 FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 Schedule A 1 2 3 4 5 6 7 Total Value Actual Property Generally Petitoiner's Found By Full & True Extent of Assessed at the Property Lawful Addrsss SBL Assessment Board Value Overvaluation Following Pecent Assessed At Assessment 231 N. Church St. 110-4-11.2 $ 379,200 $ 536,866 $ 200,000 $ 336,866 67% 190% $ 134,000 6 of 10 FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 NOTICE OF CLAIM FO REDUCTION OF ASSESSMENT OF REAL PROPERTY ON C DUNTY TAX ASSESSMENT ROLLS OF: COUNTY- ORANGE Cct Treasurer niy County Government Center, GOSHEN, NEW YORK SCHOOL - GOSHEN Pursuant to REAL PRO BERTY TAX LAW, §708(3) and §1316(5) TO: THE TREASURER OF SAID COUNTY AlyD BOARD OF EDUCATION AND/OR TRUSTEES OF SAID SCHOOL DISTRICT, COMMISSIOI R AND ALL MEMBERS OF THE BOARD OF EDUCATION AND/OR TRUSTEES OF SAID : EHOOL DISTRICT: PLEASE TAKE NOTICE, that the petitioner who made the annexed petition against respondents named petitionejt therein hereby makes the same claim for reduction Lf of aid assessment on said County Tax Rolls to the Treasurer ~ ~ of said County, as well as to the above named Schcol District, to the same extent, on the same grounds, of the same real property and in the same amount as set fortll in the annexed petition which is incorporated herein and made a part hereof the same as if itwere set forth in fullin this Notice of Claim. Dated: July 1, 2018 Yoúrs etc., John F.K. .X~.Burke, ESQ. Attorr eys for Petitioner 210 lV ain Street Goshen, New York 10924 7 of 10 FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 AUTHORIZATION Property Owner/Aggrieved Persan: Brian Dunlevy and/or Tailwind Properties, LLC The undersigned, being a troperty ·owner/aggrieved person, as petitioner, or an office ) or partner of such property owner/aggrieved person, hereby authorizes: JOHN F.X. BURKE, ÈS2. Goshen, New York 10924 or any representative employed by such person to act as our agent, representative, (1) to commence and maintain any proceeding authorized by law in d' ' any municipality .and/or d/ quas:--judicial body of the State of for .the purpose of challenging and/or contesting real property assessments; (2) to respond and appear :4 any proceedings on behalf of the undersigned with respect to acy matters relating to the foregoing challenges. This authorization applies to _he following property Goshen (Town & ViÓge), Orange Co., New York Varl OWNER Date: July 1, 2018 8 of 10 FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 ATTORNEY S AFFIRMATION STATE OF NEW YORK ) ) ss.: COUNTY OF ORANGE ) The undersigned, an attorney duly admitted to practice in the Courts of the State of New ! York, shows: Deponent is John F.X. Burke, the attorney of record for the petitioner in this proceeding; deponent has read the foregoing pet tion and knows the contents thereof; the same is true to deponent's own knowledge, except at to the matters therein stated to be alleged on information and belief and that as to those matte s deponent believes itto be true. This affirmation is made by deponent and not by the petitioner per the attached authorization. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: statements of the peti ioner to your deponent, correspondence between petitioner and your deponent, and your depdner t's investigation of the facts in this case. The undersigned affirms that the foregoing statements are true under penalty of perjury. Dated: July 1, 2018 J F. . urke 9 of 10 FILED: ORANGE COUNTY CLERK 07/23/2018 04:03 PM INDEX NO. EF007651-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 CERTIFICATION In accordance with Section 30-1.1a of the Rules of the Chief Administrator (22 NYCRR), I the undersigned hereby certify that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper "c" or contentions listed below are not f rivolous as defined in subsection of Section 130-1.1: X Notice of Petition and Petition including exhibits annexed thereto; Notice of Motion to , including exhibits annexed thereto; ', Trial Note of Issue and Certi:1 ate of Readiness; RJI; Proposed Order & Stipulation of Settlement; s' Statement of Income & Ex'penses; Summons & Complaint; Order to Show Cause to , including exhibits annexed thereto; Other Dated: July 1, 2018 Jo .X. Burke 10 of 10