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`At a Special Term Part IV of the Supreme
`Court of the State of New York for
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`Condemnation and Tax Certiorari, held in
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`and for the County of Suffolk, at 400
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`Carleton Ave., Central Islip, New York on
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`the
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`day of
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`, 2016.
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`P R E S E N T
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`Hon.
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`Justice
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`— — — — _ _ — _ _ _ _ _ _ _ _ _ _ _ H _ u u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __x
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`In the Matter of the Application of:
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`APPLE BANK FOR SAVINGS
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`ORDER AND JUDGMENT
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`Petitioner,
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`Index #
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`Tax Year
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`~against-
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`16-603203
`16-603204
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`2014/15
`2015/16
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`THE ASSESSOR, THE BOARD OF ASSESSORS
`AND THE BOARD OF ASSESSMENT REVIEW
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`OF THE TOWN OF SOUTHAMPTON
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`Respondents.
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`For Review of a Tax Assessment Under
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`Article 7 of the Real Property Tax Law.
`__________________________ _;____________X
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`Proceedings having been brought by APPLE BANK FOR SAVINGS,
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`the
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`Petitioner herein,
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`to review the assessments by the Respondents for
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`the purposes of taxation upon certain parcels of real property owned
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`by the Petitioners herein for the tax years 2014/15 through 2015/16
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`and the Petitioners herein by their attorneys, CRONIN & CRONIN LAW
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`FIRM, PLLC and the Respondents by their attorney, PETER D.
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`JOHNSON,
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`ESQ., having entered into formal Stipulation dated April 6, 2016
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`settling the above-captioned proceedings, which Stipulation is to be
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`filed herewith and due deliberation having been had,
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`NOW, on motion of CRONIN & CRONIN LAW FIRM, PLLC attorneys for
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`Petitioners, it is
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`ORDERED,
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`that the assessments of Petitioner's real property
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`upon the assessment roll of the Town of Southampton be corrected and
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`reduced to read as follows:
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`Original
`Total
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`Final
`Total
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`Tax Map
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`Assessed
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`Assessed
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`Tax Year Description
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`Value
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`Value
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`Reduction
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`2014/15
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`903/2/1/9.003
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`$1,107,000
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`$
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`295,000
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`$
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`812,000
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`903/2/2/45.001
`TOTAL:
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`$3,358,800
`$4,465,800
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`$2,400,000
`$2,695,000
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`958,800
`$
`$1,770,800
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`2015/16
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`903/2/1/9.003
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`$1,107,000
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`$
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`295,000
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`903/2/2/45.001
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`$3,358,800
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`$2,400,000
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`$
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`$
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`812,000
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`958,800
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`TOTAL:
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`$4,465,800
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`$2,695,000
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`$1,770,800
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`ORDERED, that Respondents shall forthwith correct the
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`assessment rolls and note thereon that the same have been corrected
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`pursuant to this Order, and it is further
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`ORDERED AND ADJUDGED, that the Comptroller of the County of
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`Suffolk, upon service of two (2) certified copies of this Order and
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`Judgment,
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`together with a true copy of the Stipulation of Settlement
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`to which shall be attached a Suffolk County Form 74(b) signed by the
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`Assessor of the Town of Southampton, shall refund, within ninety (90)
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`days from the date of service upon the Office of the County
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`Comptroller to Cronin & Cronin Law Firm, PLLC, with offices at 200
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`Old Country Road, Suite 470, Mineola, New York 11501, as attorney for
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`Petitioner,
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`the amount of all taxes and assessments that have.been
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`paid, upon proof that such were paid by the Petitioner or by an agent
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`and/or person acting on behalf of the Petitioner, on account of the
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`original assessed value in excess of the amount of such taxes and
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`assessments based upon the reduced assessed values as herein reduced
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`without interest, provided such refund shall be paid on or before the
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`expiration of ninety (90) days from the date of service upon the
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`office of the County Comptroller, and it is further
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`ORDERED AND ADJUDGED, that if such refund shall not be made
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`within the time so provided, interest shall be computed as follows:
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`I
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`and shall be paid by the County Comptroller with the refund when paid
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`by the County Comptroller and shall be deemed a County Charge, and it
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`is further
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`ORDERED,
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`that the “date of service” shall be deemed to be the
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`date of receipt by the Office of the County Comptroller and the
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`burden of proof as to date of service shall be on the Petitioner, and
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`it is further
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`ORDERED, that the “date of payment” by the County Comptroller
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`shall be deemed to be the date such payment is placed in the mail by
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`the County Comptroller and the burden of proof of the date of payment
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`shall be on the County Comptroller, and it is further
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`ORDERED, that in the event that the taxes are unpaid and have
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`already been.bill for the Town of Southampton in accordance with the
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`original assessed valuation,
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`the officer or officers having custody
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`of said assessment rolls are hereby directed to forward to Petitioner
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`c/o CRONIN & CRONIN LAW FIRM, PLLC with offices at 200 Old Country
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`Road, Suite 470, Mineola, New York 11501, as attorneys for
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`Petitioner, APPLE BANK FOR SAVINGS, a new bill or bills, taxing
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`Petitioner on the basis of the final total assessed valuation as
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`herein provided, and it is further
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`ORDERED, that Petitioner expressly waives any refunds which may
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`be due from the Village of Sag Harbor as a result of the assessment
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`reductions for all tax years through and including 2015/16 and,
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`ORDERED, that upon compliance with the terms of this Order,
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`that said tax review proceedings shall be discontinued without costs
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`to either party as against the other, and it is further
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`ORDERED, that if any tax proceeding initiated for any tax year
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`is part of a consolidated petition such proceeding is severed from
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`the consolidated action, and it is further
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`ORDERED,
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`that a copy of this Order and Judgment shall be filed
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`under the Index Number of each of the proceedings settled herein.
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`E N T E R 1
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