FILED: SUFFOLK COUNTY CLERK 08/18/2016 09:18 AM
`NYSCEF DOC. NO. 9
`
`INDEX NO. 603203/2016
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`RECEIVED NYSCEF: 08/18/2016
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`1 of 11
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`NOW, on motion of CRONIN & CRONIN LAW FIRM, PLLC attorneys for
`
`Petitioners, it is
`
`ORDERED,
`
`that the assessments of Petitioner's real property
`
`upon the assessment roll of the Town of Southampton be corrected and
`
`reduced to read as follows:
`
`Tax Map
`Tax Year Description
`
`Original
`Total
`
`Assessed
`Value
`
`Final
`Total
`
`Assessed
`Value
`
`2014/15
`
`903/2/1/9.003
`
`$1,107,000
`
`$
`
`295,000
`
`903/2/2/45.001
`
`$3,358,800
`
`$2,400,000
`
`Reduction
`
`$
`
`$
`
`812,000
`
`958,800
`
`TOTAL:
`
`$4,465,800
`
`$2,695,000
`
`$1,770,800
`
`2015/16
`
`903/2/1/9.003
`
`$1,107,000
`
`$
`
`295,000
`
`$
`
`812,000
`
`903/2/2/45.001
`TOTAL:
`
`$3,358,800
`$4,465,800
`
`$2,400,000
`$2,695,000
`
`958,800
`$
`$1,770,800
`
`ORDERED,
`
`that Respondents 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 Suffolk County Form 74(b) signed by the
`
`Assessor of the Town of Southampton, shall refund, within ninety (90)
`
`days from the date of service upon the Office of the County
`
`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
`
`Petitioner,
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`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
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`assessments based upon the reduced assessed values as herein reduced
`
`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
`
`office of the County Comptroller, and it is further
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`ORDERED AND ADJUDGED,
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`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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`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,
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`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
`
`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
`
`Road, Suite 470, Mineola, New York 11501, as attorneys for
`
`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
`
`herein provided, and it is further
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`ORDERED,
`
`that Petitioner expressly waives any refunds which may
`
`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,
`
`that said tax review proceedings shall be discontinued without costs
`
`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
`
`is part of a consolidated petition such proceeding is severed from
`
`the consolidated action, and it is further
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`ORDERED,
`
`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 :
`
`
`
`
`GRANTED
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`AUG 1820M
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`JUDITHAPASMLE
`Chkdflthfi
`.
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`rt.E PAID THRU NYSCEF
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`Our File #028-1509
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`_____________________________________ __x
`
`In the Matter of the Application of:
`
`APPLE BANK FOR SAVINGS
`
`STIPULATION OF SETTLEMENT
`
`Petitioner,
`
`Index #
`
`Tax Year
`
`—against-
`
`16-603203
`
`16-603204
`
`2014/15
`
`2015/16
`
`THE ASSESSOR, THE BOARD OF ASSESSORS
`AND THE BOARD OF ASSESSMENT REVIEW OF
`
`THE TOWN OF SOUTHAMPTON
`
`Respondents.
`
`For Review of a Tax Assessment Under
`
`Article 7 of the Real Property Tax Law.
`_ _ _ _ _ _ — _ _ _ _ — _ _ _ _ _ _ _ _ _ _ _ _ — _ _ _ _ _ _ . _ _ _ _ _ _ __x
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`IT IS HEREBY STIPULATED AND AGREED by and between the attorneys
`
`for the respective parties that the tax review proceedings now
`
`pending for the tax years 2014/15 through 2015/16 be and the same
`
`hereby are settled and adjusted as follows:
`
`Tax Year
`
`Tax Map
`
`Description
`
`Original
`Total
`
`Assessed
`
`Value
`
`Final
`
`Total
`
`Assessed
`
`Value
`
`Reduction
`
`2014/15
`
`903/2/1/9.003
`
`903/2/2/45.001
`TOTAL:
`
`$1,107,000
`
`$3,358,800
`
`$4,465,800
`
`S
`
`295,000
`
`$2,400,000
`$2,695,000
`
`$
`
`$
`
`812,000
`
`958,800
`
`$1,770,800
`
`2015/16
`
`903/2/1/9.003
`
`903/2/2/45.001
`TOTAL:
`
`$1,107,000
`
`$3,358,800
`
`$4,465,800
`
`$
`
`295,000
`
`$2,400,000
`
`$
`
`$
`
`812,000
`
`958,800
`
`$2,695,000
`
`$1,770,800
`
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`5 of 11
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`IT IS FURTHER STIPULATED AND AGREED,
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`the real property tax paid
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`by the Petitioners to the Town of Southampton for the tax years
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`2014/15 through 2015/16 insofar as such tax may exceed the tax
`
`payment due on the reduced assessment as set forth shall be refunded
`
`to CRONIN & CRONIN LAW FIRM, PLLC as attorneys for Petitioner, APPLE
`
`BANK FOR SAVINGS, without interest thereon if payment is made within
`
`ninety (90) days of service of a copy of an Order upon the office of
`
`the County Comptroller and,
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`IT IS FURTHER STIPULATED AND AGREED,
`
`that if payment is not
`
`made within said ninety (90) day period,
`
`then statutory interest
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`shall accrue from the date of service until the date of payment by
`
`the County Comptroller and,
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`IT IS FURTHER STIPULATED AND AGREED,
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`that Petitioner expressly
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`waives any refunds which may be due from the Village of Sag Harbor as
`
`a result of the assessment reductions for all tax years through and
`
`including 2015/16 and,
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`IT IS FURTHER STIPULATED AND AGREED,
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`that if any tax proceeding
`
`initiated for any tax year is part of a consolidated petition such
`
`proceeding is severed from the consolidated action, and
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`IT IS FURTHER STIPULATED AND AGREED,
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`that upon compliance with
`
`the terms of this Stipulation,
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`that said tax review proceedings shall
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`be discontinued without costs to any party.
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`DATED: Mineola, New York
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`April 6, 2016
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`CRONIN & CRONIN LAW FIRM PLLC
`
`Attorneys for Petitioner
`
`
`
` BY:»BRAD W. CRO , ESQ.
`
`Office and P.O. Address
`
`200 Old Country Road, Suite 470
`Mineola, New York 11501
`
`Tel. No.
`
`(516) 747-2220
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`P1-ztrfiigg.
`
`JO’HNsoN, ESQ.
`
`Special Counsel
`
`Town of Southampton
`
`Attorney for Respondents
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`4%
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`
`LISA GOREE
`
`Southampton Town Assessor
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`SUFFOLK,COUN"l'Y TREASURER, 330 CENTER DRIVE, RIVERHEAD, NY 11901
`TO:
`” 9-$-/ 5'09
`FROM: ASSESSOR TOWN or-‘ SOUTHAMPTON
`_
`'
`RE:
`X
`CERTIORARI
`__ CANCELLATION OF TAXES (RPTL SEC. 558)
`
`R.P.T.L. ART. 7 SMALL CLAIMS
`
`CERTIORARI
`
`SMALL CLAIMS REVIEW
`
`I (We) the undersigned Assessor(s) of the Town of Southamgton 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
`Southampton and the attached order must be completed with.
`
`Small Claims Petition No.
`
`Date of Order (Petition)
`Claimant _ Apple Bank for Savings
`
`Court Order Index No.
`
`16-603203 2014/15
`16—603204 2015-16
`
`# of tax years covered (21 two
`
`Name & Address of Representative
`
`Cronin 8- Cronin Law Firm PLLC
`
`Cancellation of Taxes
`
`I (We) the undersigned Assessor(s) of the Town of Southampton do hereby certify that the
`following tax item(s) is to be cancelled in conformity with section 558 of New York State's R.P.T.L.
`
`200 Old Country Rd, Suite 470
`
`Mineola, NY 11501
`
`Property Acquired by:
`Date of Acquisition:
`
`Means:
`
`COMPLETE THE FOLLOWING INFORMATION FOR EACH TAX YEAR
`
`
`
`Original
`Assessment
`
`Assessment
`Chaned to
`
`1,107,000
`
`295.000
`
`Town
`Item No.
`424177.00
`2014/15 - 2015/16
`
`Tax Map
`Number
`
` 903-2-1-9.3
`
`
`
`424201.00
`
`2014l15 - 2015116 903-2-2-45.1
`
`3,358,300
`2,400,000
`
`Notation:
`
`
`To be com leted b Tax Receiver for "Small Claims" and "Cancellation of Taxes"
`
`
`
`Tax Levied:
`Corrected Tax:
`
`
`
`Southampton
`
`«A
`._
`fi'LI.31£..e ~ -
`
`day of
`
`. 20 I Q
`
`Public
`
`Jessica Goleski
`
`
`
`Notary Public State of New York
`.,.,.2’:.’;.§’.¢‘,’:‘,‘.f.°.E"‘.5,’.‘,’.,...,
`commission Expires March 24.
`
`Charge back, if any, should be made to the Town of
`
`X
`
`Sole
`
`Board
`
`State of New York
`County of Suffolk
`
`A 5
`Sworn to before me this 2
`
`Original — County Treasurer
`Supplemental Form 74B
`
`Copy -— R.P.T.S.A.
`
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`Our File #028-1509
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`— — — — _ _ _ _ _ _ _ _ _ _ _ _ _ . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __x
`
`In the Matter of the Application of:
`
`APPLE BANK FOR SAVINGS
`
`Petitioner
`
`-against-
`
`THE ASSESSOR, THE BOARD OF ASSESSORS
`AND THE BOARD OF ASSESSMENT REVIEW OF
`THE TOWN OF SOUTHAMTON
`
`Respondents.
`
`For Review of a Tax Assessment Under
`
`Article 7 of the Real Property Tax Law.
`— _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . _ -_x
`
`AFFIRMATION OF
`REGULARITY BY
`ATTORNEY
`
`Index #16-603203
`#16-603204
`
`I,
`
`the undersigned attorney at law, duly admitted to practice law in
`
`the State of New York, respectfully affirm:
`
`I am the attorney for the Petitioner herein.
`
`This proceeding is for tax review pursuant
`
`to Real Property Tax Law
`
`Article 7, Section 700.
`
`That all parties,
`
`including the intervenors, if any, have been notified
`
`of the proposed settlement and have stipulated and agreed to the same.
`
`WHEREFORE I respectfully request that the annexed Order of Settlement
`
`be entered herein, for which no previous application has been made.
`
`AFFIRMED UNDER PENALTY or
`PERJURY THIS 14TH DAY or
`
`JULY, 2016.
`
`CRONIN & CRONIN LAW FIRM, PLLC
`
`Attorneys for Petitioners
`
`By: S;;;;%L_/ gi:
`
`CARA P. CRONIN, ESQ.
`
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`

`Our File #028-1509
`
`SUPREE COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`_ _ . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___X
`
`In the Matter of the Application of:
`
`APPLE BANK FOR SAVINGS
`
`AFFIDAVIT OF NO SALE
`
`Petitioner
`
`Index #16—603203
`#16-603204
`
`-against-
`
`THE ASSESSOR, TH BOARD OF ASSESSORS
`AND THE BOARD OF ASSESSMENT REVIEW OF
`THE TOWN OF SOUTHAMPTON
`
`Respondents.
`
`TAX MAP DESCRIPTION
`
`For Review of a Tax Assessment Under
`
`Article 7 of the Real Property Tax Law.
`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __X
`
`903/2/1/9.003
`
`903/2/2/45.001
`
`METCHLL W.
`
`JACOBS, being duly sworn, deposes and says:
`
`1.
`
`That
`
`I
`
`am Senior Vice President of APPLE BANK FOR SAVINGS,
`
`the
`
`Petitioner
`
`in the
`
`above-captioned proceeding and
`
`owner of
`
`the
`
`subject
`
`property.
`
`2.
`
`That no sale of the subject property has taken place in the last
`
`twelve (12) months.
`
`3. That, furthermore,
`
`the subject property is not currently under
`
`contract of sale.
`
`
`
`MITCHELL W.
`
`ACOBS
`
`Sworn to before me
`this /]++7 day of
`MARCH AS016.
`
`
`
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`10 of 11
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`No.QNG8315a54
`onlhulnuuvakconm
`cumuumulv-00%‘-3°"
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`

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`
`
`I
`
`31995 |jI@tt:eIIcr.VIrIc.
`
`ss.:
`‘
`STATE OF NEW YORK, COUNTY OF
`1, the undersigned, an attorney admitted to practice in the courts of New York State,
`U
`certify that the within
`*
`has been compared by me with the original and found to be a true and complete copy.
`state thatl am
`in thewithin
`the attorney(s) ofrecordfor
`"
`and know the contents thereof;
`action; I have read the foregoing
`the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters
`I believe it to be true. The reason this verification is made by me and not by
`
`El AI-um
`
`E
`I
`3
`
`The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
`
`I affirm that the foregoing statements are true, under the penalties of perjury.
`Dated;
`STATE OF NEW YORK. COUNTY OF
`
`ss.:
`
`_
`tmuniuiutnntltntlllllilmatn
`
`I, the undersigned. being duly sworn, depose and say: I am
`El
`w""'|:.*"“
`in the action; I have read the foregoing
`
`5
`
`CI WWII!
`
`and know the contents thereof; the same is true to my own knowledge, except
`as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true.
`the
`of
`a
`
`3
`
`corporation and a party in the within action; I have read the foregoing
`and know the contents thereof; and the same is true to my own knowledge,
`except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This
`verification is made by me because the above party is a corporation and I am an officer thereof.
`The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
`
`Swommbeforcmeon
`
`I
`
`- u p . o o - . . ¢ o an
`
`.....
`
`...... .... ................ ..
`
`am... thanone bout u. s....-t._i...n... as narnestypeofsetviee .....n
`ss.:
`STATE or NEW YORK, COUNTY or N339“-'
`I, the undersigned, being sworn, say: I am not a party to the action, am over 18 years of age and reside at w- 3'bY1°n : NY 11704
`
`3
`
`El
`
`order 5 Judgment with Notice of settlement
`Isewedthe within
`July 14, 2016
`on
`3. m l by mailing a copy to each ofthe following persons at the last known address set forth after each name below.
`by delivering a true copy of each personally to each person named below at the address indicated. I knew each person served
`s-mm to be the person mentioned and described in said papers as a party therein:
`:3:
`by transmitting a copy to the following persons by D FAX at the telephone number set forth afier each name below El E-MAIL
`
`E D Elceiutle
`attheE-Mail address setforthaftereach namebelow, whichwas designatedby theattorneyforsuch purpose, andby mailing a
`~
`copy to the address set forth after each name.
`""'
`2 D W by dispatching a copy by overnight delivery to each of the following persons at the last known address set forth after each
`
`""'°'
`name below.
`
`JOHNSON, ESQ.
`PETER D.
`special counsel
`Town of Southampton
`28 Inner: Road
`snithtown, New York 11787
`
`/41/On.
`
`Commission Expires 8/28:-£01 Sworn to before me on
`
`July 14 t" 2015
`
`MEGAN K. ROACH
`.
`,
`ot
`Public, SL5U3"Dl tgiew Y0
`N W No. o1R0a1o214e
`Qualified in Nassau Coulgty
`
`rk
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