throbber
FILED: ONEIDA COUNTY CLERK 04/11/2017 10:04 AM
`FILED? ONEIDA'ICOUNTY' CLERK 0411-12017 10:‘04‘AM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`>
`
`
`INDEX NO. EFCA2016-002002
`I DE’X’NO- 33FCA2016—002902
`
`
`
`
`
`RnCnIVnD NYSCEF: 04/11/2017
`RECEIVED NYSCEF: 04/11/2017
`
`STATE OF NEW YORK
`VSUPREMEJCOURTA
`
`COUNTY=OE ONEIDA
`
`In‘the.Matter 0f the Application.of
`
`APPLE PROPERTY GROUPELLQ,
`
`,
`‘
`Bet1tioner,
`
`ORDER
`'
`
`-again$t-
`
`_
`CITY OE‘UTICA, New YORK end.
`DAVID H. WILLIAMS, Assessor.of'the
`City of Utica, New York”
`'
`
`'
`
`‘Index No; EFCAzols—ZQOZ
`iRJI No¢i32416—0857
`'Judge,Hesper~
`
`Respondents.
`
`To review a certain real property
`assessment‘for.the-assessment=roll
`
`(year’zols under Article 7 of the
`iReal Property Tax Law;
`
`The above—entitled proceeding having been brought by Petitioner to
`
`preducefthe'assessment,made by Respondents for the purpose of taxation fOr
`
`the year 2016 with respect to Petitionerfs real property ("Petitioner‘s
`
`-Pr9p¢rtY"l located'in the CitY'0£ Utica: CQunty'of Gneida, State 0: New
`
`York and described.and assessed on Ehe 2016 assessment rolls of the City
`
`of Utica, New Yorkaas follows:
`
`‘PROPERTY IwD.
`
`‘
`
`=TOTAL ASSESSED VALUE
`
`‘221 School ROad
`_307,14—2+29;,and
`
`$45}000,00
`
`-Petitioner and ReSPondents. by Stipulation'entered into between than
`respective attorneys dated ..MQ_.;H
`‘;ES‘,
`
`
`2017; which
`
`and 1their
`
`'Stipulation is annexed hereto,'having stipulated that the assessment for
`
`Petitioner's Property be reduced on.Respondent City of Utioa! New York's
`
`2016 assessment.rOlls,
`
`NOW; upon reading_and filing the aforeSaid Stipulation, it 13
`
`On Motion of COhen-& Cohenn attorneys for Petitioner,
`
`1
`
`Filed In Oneida County Clerks Office
`
`4/11/20171 15:54:45 AM Index # EFCA2016-002002
`1 of 6
`
`

`

`FILED: ONEIDA COUNTY CLERK 04/11/2017 10:04 AM
`! FILED: ONEIDA COUNTY C'LERK'04m2017 10:04 AM
`
`NYSCEF DOC. NO. 10
`1 NYSCEF DOC. NO. 10
`
`
`
`INDEX NO. EFCA2016-002002
`_I DEX NO- 13F€A2016"-002002
`
`
`
`
`
`RECEIVED NYSCEF: 04/11/2017
`RnCnIVnD NYSCEF: 04/11/2017
`
`‘ORDERED,
`
`that
`
`the aforesaid assessment eStablished on the‘2016
`
`assessment rolls of the City ofi'Utica, New'Yofik for Petitioner’s Propexty
`
`in the City of Utica, New York shall be, and the'same hereby is,
`
`reduced
`
`asvfo11ows:
`
`_PROPERTY‘I.DQ
`
`TOTAL ASSESSED VALUEV
`
`221chhool Read
`307.14-2—29; and
`
`'
`
`$40,320,00
`
`and as so reduced, Shall be, ahd hereby is; confirmed, and it is further
`
`ORDERED;
`
`that the-Officers haVifig custody of the 2016 asseSSment
`
`r6113 cf the City of Utica, Neerork-shall forthwith correct_the said
`
`entries On such rolls in conformity with this.Order and shall nope‘upon
`
`the margin of Spoh rolls opposite suoh entry'tpat
`
`the same has been
`
`1corrected by the apthozizafiion'of this Ordepz and-it is further
`
`ORDERED, that Petitioner shall be entitled to a refund of any real
`
`‘estate taxes paid ’by Petitioner Abased. on the amount
`
`,by which the
`
`‘assessmentsestablished.on the 2016 City of Utica, New York's assessment
`:rolls for Petitionep's Property befose its reductionsas proVided ih this
`
`order eXCeeds
`
`the assessment Of Petitioner's aforesaid real preperty
`
`ifollofiiné‘SUCh redUCtion.as provided in thiS‘Order, provided, howeVer,
`each municipality 9r Other governmental'entiiy'ebliéated'tQ provide a
`
`'refund shall have the option;
`
`instead of'making'paymefit of such.refhnd
`
`directly to,Petitioner; £0 provide the refund in the;f0rm of:ajpayme5t
`
`credit! until credit ih fall has been made] upon.eaeh real estate-tax,
`
`'hereafter'leVied upon Petitionerls Property by eaCh.such municipality or'
`
`Other gdvernmental entity; and it is fupther
`
`ORDERED;
`
`that, except-as permitted by Real Property Tax Law section
`
`727,
`
`the assessed valuation‘of Petitioner's Property as reduced hereby
`
`20f6'
`2 of 6
`
`‘—
`
`

`

`FILED: ONEIDA COUNTY CLERK 04/11/2017 10:04 AM
`'FIiED: ONEIDA COUNTY CLERK 041:12017'10:04*A “3
`
`
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`
`
`I DEX NO. EFCAZOlG-OOZOOZ
`INDEX NO. EFCA2016-002002
`
`
`
`
`RnCnIVnD NYSCEF: 04/11/2017
`RECEIVED NYSCEF: 04/11/2017
`
`
`
`shall not be changed by ReSpondentSI‘and no applicati9n.f°r-a reductiQH
`
`of each reduced assessment shall be sought by Petitioner; for the next
`
`three succeeding=assessmentjrolls prepared on the basis of the three
`
`taxable status dates next occurring on or after the taxable status date
`,of the 2016 assessment under review-ia this proceeding, afid all tax bills
`fhereafterx185ued by_afiy takihgisurisdidtion_with respect to.Petitionerfs
`
`iProperty;
`
`‘while ithe
`
`foregOing pfOVisions prohibiting. change .arergso
`
`applicable, Shall be based_on the reduced assessment, and it is-further
`
`ORDERED.
`
`that:Petitioner shall not.be entitled.tocrecgver the costs
`
`‘and disbursements of this proceeding,
`
`Dated:
`
`RQmer NewVXQrk
`‘
`
`,
`2017
`
`
`
`3of6
`3 of 6
`
`

`

`FILED: ONEIDA COUNTY CLERK 04/11/2017 10:04 AM
`FILED: ONEIIA COUNTY CLERK04m2017 10:04 AM
`
`. NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`
`
`INDEX NO. EFCA2016-002002
`I DEXNO- BFWOW-002002:
`
`
`
`
`RnCnIVnD NYSCEF: 04/11/2017
`RECEIVED NYSCEF: 04/11/2017
`
`
`
`STATE OF NEW YORK-
`‘SUPREME'COURT‘
`
`‘
`.
`,
`COUNTY OF ONEIDA‘
`
`Ih the Matter Of the Application of
`
`APPLE'PROPERTY GROUP LLC,
`
`Petitioner,
`
`-—againSt-
`
`SETTLEMENT.STIPULATION
`
`CITY OF UTICALENEW‘YORK-andl
`wDAVID H. WILLIAMS, Assessor of the
`City of Utica,jNew3York,
`
`'
`
`Index NO..EFCA2016E2002
`RJI No; 32—16-0857
`Assigned Judge: HESTER
`
`_
`
`Respondents.
`
`To :evi9W‘a cattain real property
`assessment for the assessment :01;
`year‘ZOlG under Article'? of the
`Real Property Tax Law.
`
`WHEREAS,
`
`'APPLE
`
`PROPERTY
`
`GROUP
`
`LLC, Petitioner
`
`,above—named
`
`(WPetitionerP),
`
`commenced‘
`
`the‘
`
`above-entitled:
`
`proceeding
`
`(this
`
`"Prbceedihg") under ArtiCle 7 of-the Real-Property Tax Law to reduce-the
`
`asSeSsment Of certain of its real prdpérty ("PétitiOner's property")
`
`located in the City of Utioa, County Of Oneidaf State of:New york ahd
`
`described on-the'ZOi6.assessment rolls of the City of Utica, New Ydrk‘as
`
`follpws:
`
`PROPERTY I,D.
`
`-
`
`TOTAL Assasssb:VALUE
`
`221 School Road
`307.14+2-297 and
`
`$45i000-00
`
`WHEREAS, Vthe’ parties have .reacned ah reSOlhtion of 7the
`
`issues
`
`involved in thiszErgceedingi it.is
`
`:STiPULATBbZAND‘AGREED, by and between:therunder8ignedt being all of
`
`~the parties and their attorneyS'in this érgoeeding,
`
`that
`
`the above
`
`assessment of Petitioner's Property on the City.of Utica, New York’s 2016
`
`assessment rolls as of the taxable status date August 1, 2016 shall be
`
`4
`
`4 of 6
`4 of 6
`
`

`

`FILED: ONEIDA COUNTY CLERK 04/11/2017 10:04 AM
`- FILED: ONEIDA COUNT-Y CLERK 04m 017 10:04 AM '
`NYSC
`3F DOC. NO. 10.
`NYSCEF DOC. NO. 10
`
`'
`
`
`
`INDEX NO. EFCA2016-002002
`I DEX NO“ 3FCA2016'—002002'
`
`
`
`
`RMCMIVMD NYSCEF:
`04/11/2017‘
`RECEIVED NYSCEF: 04/11/2017
`
`reduced.to the following (the “Reduced Assessment”):
`
`PROPERTY I.D}
`
`TOTAL ASSESSED VALUE
`
`221 School Road
`307.14e2-29; and
`
`~
`
`$40,320,00
`
`nand it is further
`
`\STIPULATED AND AGREED as fOlldwsi
`
`A.
`
`The offiper having custody 0f the 2016 assesSment rolls cf
`
`the City of
`
`.Utica,
`
`New ‘York shail
`
`forthwith correCt:
`
`the .entzies
`
`pertaining to Petitiener‘s 1,.1PrOpezty on“ such 2.0106 assessment. {rolls 'to
`
`,reflect:the Reduced Assessment and shall note upon'the.ma;gin.of such
`
`2016 assessment rolls opposite such entries that
`
`the same have been
`
`corrected by the authorization of-thiertipulation.
`
`B;
`
`Petitioner shall be entitled to a refund of any real
`
`estate taxes paid by Petitioner based any the amount by which the
`
`assessment establiShed On.the 2016 City-of Utica, New York's:assessment
`
`rolls for Petitibneris Prdperty before its reduction as pfovided'in this
`
`Ogder exceeds'the assessment oi Petitioner’s aforesaid real propeity
`
`follow§hg such reduction as provided'inithis_0rder; provided, however,
`
`each municipality or Othe: governmehtal entity-obligated to provide a
`
`refund shall have the option, instead of making payment of such fefund
`
`directiyitOIPetitioner;_to proyide the refund 1h the form of a payment
`
`craditr until credit in fail has been-made, upon each zeal.estate-tax
`
`hereafter levied Upon ‘Petifcionefle Prepexty by ’eeeh: such municipality or
`
`other governmentalzentityg
`
`:C.
`
`Except as permitted pursuant to subdivision 2 of Real
`
`.Property Tangaw section 727,
`
`the assessment of Petitionerfs‘Property,
`
`after its.reductioh 0n the City of Utica, New YOrk’s.2016 assessment
`
`5 of 6
`5 of 6
`
`

`

`FILED: ONEIDA COUNTY CLERK 04/11/2017 10:04 AM
`FILED:'ONEIDA' COUNTY CLERK 04.112017 10:04 AM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`
`
`INDEX NO. EFCA2016-002002
`' I DEX NO- “WON-002002
`
`
`
`
`04/11/2017
`RMCMIVMD NYSCEF:
`RECEIVED NYSCEF: 04/11/2017
`
`
`
`'rolls to the Reduced AsSessment, shall) pursuant to Real Property Tax Law
`
`section 72], not-be changed for the next
`
`three suCCeeding aSSessment
`
`rolls prepared on the basis of
`
`the three taxable status dates next
`
`occurring‘on or after the City of Utica, New Yorkfs August 1, 2016
`
`taxable status date; and all tavaills hereafter issued by any taxing
`
`jfiriSdiction With respect to Petitioner's;Propertyi while the foregoing
`
`‘proviSions prohibiting Change are So applicable, shall be based on the
`
`‘Reduced ASSeSSment.
`
`D; CoSts and diSbursements shall be denied to Petitioner;.and
`
`it is‘further
`
`STIPULATED AND AGREED,
`
`that Petitioner shall have the right to
`
`obtain, without notice to-Respondents, an order in the abovehehtitled
`
`proceeding .formalizing'the foregoing provisions of thiSIStipulationg
`Dated:
`LEYC3{'\S
`:5, 2017
`
`
`' L'i Petitioner
`
`-AP
`
`
`
`
`.; ILLIAMS, Assessor-i
`
`of the City of Utica, New York
`
`.CITY OF UTICA, NEW YORK, Respondent
`
`by: 1 é “(/3
`
`
`William Borrill, Esq.,.
`Corporation CounSel
`
`6 of 6
`6 of 6
`
`

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