FILED: SUFFOLK COUNTY CLERK 09/12/2017 09:24 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 617567/2017
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`RECEIVED NYSCEF: 09/12/2017
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`FILED: SUFFOLK COUNTY CLERK 091-32017 09:24 AM
`NO
`1
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`INDEX NO- “7567/2017
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`RfiCfiIVfiD VYSCEF: 09/12/2017
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`SUPREME COURT: STATE OF NEW YORK: COUNTY OF SUFFOLK
`
`In the Matter of
`
`Dominick & Pasquale Aiello
`
`-against—
`
`Petitioner,
`
`The Board of Assessors and the Board of Assessment
`Review of the Town of Brookhaven
`
`Petition
`
`Tax Year
`
`2015/2016
`
`Index No.
`
`Respondents.
`
`NOTICE OF PETITION
`
`TO THE RESPONDENTS NAMED WITHIN: PLEASE TAKE NOTICE THAT, upon the annexed verified
`petition, an application will be made, pursuant to the provisi p5 of the Real Property Tax Law, at a Special
`Term for Tax Certiorari of this court, to be held at the court ouse thereof, on September 15, 2015 at 9:30 am, or
`as soon thereafter as counsel can be heard, for the relief pra ed for in said petition, upon the grounds set forth
`therein, and for such other and further relief as may be just a d proper in the premises.
`
`
`
`Attorneys for» etitioner
`212 Higbi Kane
`West] 1 p, New York 11795
`(
`669—3710
`
`1 of 6
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`FILED: SUFFOLK COUNTY CLERK 09/12/2017 09:24 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 617567/2017
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`RECEIVED NYSCEF: 09/12/2017
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`FILED: SUFFOLK COUNTY CLERK 09 m 2017 09:24 AM
`NYSCEF DOC. NO.
`1
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`INDEX N0-
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`RnCnIVnD vyscssz
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`617567/2017
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`09/12/2017
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`SUPREME COURT: STATE OF NEW YORK: COUNTY 01' SUFFOLK
`
`In the Matter of
`
`Dominick & Pasquale Aiello
`
`Petitioner,
`
`The Board of Assessors and the Board of Assessment
`Review of the Town of Brookhaven
`
`Respondents.
`
`Petition
`
`Tax Year
`
`2015/2016
`
`Index No.
`
`The petitioner above named, by his attorneys, Lite & Russell, respectfully alleges as follows:
`
`1. At all times herein mentioned, petitioner was and still is a taxpayer of the municipality whose Board of
`Assessors is the respondent herein (hereafier referred to as "the assessing jurisdiction") and is an aggrieved
`party with respect to the assessment within the meaning of Section 706, Real Property Tax Law, State of New
`
`2. The respondents have heretofore prepared, completed and perfected, purportedly according to law an
`assessment roll for the assessingjurisdiction, for the tax year (201512016) which assessment roll included an
`assessment for petitioner's real property, described in Column I and assessed as set forth in Column 11 of the
`following schedule.
`
`Column II
`
`Original
`Valuation
`
`Column 111
`
`Claimed
`Valuation
`
`Column IV
`
`Column V
`
`Confirmed
`Valuation
`(Same as Column [1
`except as otherwise
`indicated)
`
`Extent of
`inequality and/or
`Excessiveness
`
`SECTION / BLOCK] LOT: 200-515-1-8
`
`ITEM NO.: 6047030
`
`Land
`Total
`
`$1,090
`$3,235
`
`SECTION I BLOCK / LOT:
`
`Land
`Total
`
`$
`$
`
`SECTION I BLOCK / LOT:
`
`$275
`$810
`
`$
`$
`
`$815
`$2,425
`
`$
`3;
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`2 of 6
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`FILED: SUFFOLK COUNTY CLERK 09/12/2017 09:24 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 617567/2017
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`RECEIVED NYSCEF: 09/12/2017
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`FILED: SUFFOLK COUNTY CLERK 09m2017 09:24 AM
`NYSCEF DOC. NO.
`1
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`INDEX NO- 617567/2017
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`RaCaIVaD VYSCEF: 09/12/2017
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`3. Your petitioner duly made and filed with respondent a written application and statement under oath, to have
`said assessed valuation and transitional assessment, if applicable, of said real property corrected and revised,
`specifying therein the respect in which the assessment complained of was incorrect, and which application and
`statement sought to reduce the assessment complained of as set forth in column III of paragraph 2 above. The
`said application and statement are hereby referred to and made part of this application as though fully set forth
`
`4. Upon information and belief, a final decision and determination on the said application and statement were
`duly rendered by the respondent who failed and refused to correct or reduce the said assessment as requested
`and confirmed the said assessed valuation of the petitioner's property as set forth in column IV of paragraph 2.
`
`5. Thirty (30) days have not elapsed since the filing of the certified copy of the completed and verified
`assessment roll as required by law.
`
`6. The said assessment of your petitioner's property is erroneous upon the following grounds: (a) Excessive
`Assessment (to the extent set forth in column V of paragraph 2 above) in that the assessed valuation exceeds the
`full value of the property; and that the real property failed to receive all or a partial exemption to which the
`property is entitled; and that the actual assessment andfor transition assessment exceeds the limitations placed
`on assessment increases and the respondent has failed to comply with the methods of assessment computation
`set forth in RPTL 1805 and 1904; (b) Misclassification in that the petitioner's prOperty has been classified as
`being all or in part in classes two, three or four, instead of the appropriate class for petitioner's property; (c)
`Unequal Assessment (Inequality) (to the extent set forth in column V of paragraph 2 above), in that it
`has been made at a higher proportionate value than the assessment of other real property in the assessing
`jurisdiction made by the respondent; the specified instances of such inequality are the assessment of all of the
`real prOperty in the assessing jurisdiction and each and every parcel thereof; and/or, in the alternative, at the
`election of the petitioner, that said assessment has been made at a higher proportionate valuation than the
`assessment of other real property in the same class on the same roll by the same officers; the specified instances
`of such inequality are the assessments of all other real property in the same class in the same assessing
`jurisdiction and each and every parcel thereof; and (d) Unlawful Assessment (Illegality) in that this property
`and all real property in the assessing unit is not assessed at a uniform percentage of value, as required by RPTL
`305(2); and that the base proportion for the appropriate class for petitioner's property was established and/or
`adjusted in an erroneous, arbitrary and capricious manner; and that the property was selectively reassessed in
`violation of the Real Property Tax Law, the regulations of the State Board Of Equalization and Assessment, and
`the equal protection clauses of the constitutions of the State of New York and United States.
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`3 of 6
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`FILED: SUFFOLK COUNTY CLERK 09/12/2017 09:24 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 617567/2017
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`RECEIVED NYSCEF: 09/12/2017
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`FILED: SUFFOLK COUNTY CLERK 09m2017 09:24 AM
`NYSCEF DOC. NO.
`1
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`INDEX NO- 617567/2017
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`RfiCfiIVfiD VYSCEF: 09/12/2017
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`7. Your petitioner is aggrieved and injured by said unjust, unequal, excessive, illegal, misclassification and
`erroneous assessment, and will be required to pay a greater amount and proportion of taxes that your petitioner
`would be required to pay if the said assessment had been just and equal.
`
`8. No provision is made by Law for an appeal or other relief from the final determination of the respondent
`except by a review by petition to the Supreme Court, and no previous application for the relief herein asked has
`been made to any court orjudge.
`
`9. If there is more than one petitioner herein, the word "petitioner" shall mean "petitioners" or each of
`petitioners," as the contexts requires.
`WHEREFORE, your petitioner prays that the Supreme Court review and correct on the merits the
`aforementioned final determination of the respondent on the grounds set forth in this petition, and that the
`said Court take evidence to enable your petitioner to show the unjust, unequal, excessive, illegal,
`misclassification and erroneous assessment of the said real property to the end that the assessment may be
`reduced to the full, true market value thereof for land and improvement, and to a valuation proportionate to the
`assessments of other real property, and/or all other property in the same class, assessed on the same rolls for the
`same year, so that equality of assessments will result, and may be properly classified, and for such other and
`further relief as the Court may deem proper, together with the costs and disbursements of this proceeding.
`
`Justin N. Lite, Esq.
`
`Attorneys for Petitioner
`212 Higbie Lane
`West lslip, New York 1 1795
`(631) 669-3710
`
`4 of 6
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`FILED: SUFFOLK COUNTY CLERK 09/12/2017 09:24 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 617567/2017
`
`RECEIVED NYSCEF: 09/12/2017
`
`FILED: SUFFOLK COUNTY CLERK 09m2017 09:24 AM
`NYSCEF DOC. NO.
`1
`
`INDEX NO- 617567/2017
`
`
`
`
`
`RnCnIVnD VYSCEF: 09/12/2017
`
`
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`SUPREME COURT: STATE OF NEW YORK: COUNTY OF SUFFOLK
`
`..........................................................................................
`
`In the Matter of
`
`Dominick & Pasquale Aiello
`
`-against-
`
`The Board of Assessors and the Board of Assessment
`Review of the Town of Brookhaven
`
`Petitioner,
`
`Respondents.
`
`Petition
`
`Tax Year
`
`201512016
`
`Index No.
`
`Justin N. Lite, Esq.
`Lite & Russell
`
`212 I-Iigbie Lane
`West lslip, New York 11795
`
`Attorneys for Petitioner
`(631) 669-3710
`
`VERIFICATION
`
`State of New York, County of Suffolk ss:
`
`
`I am the attorney for th
`The undersigned being duly sworn, deposes and says:
`
`the foregoing petition and know the contents thereof; the same is true to my
`therein stated to be alleged upon information and belief and, that as to those I
`.- rs, I believe it to be true. The
`
`‘
`reason this verification is made by me and not by petitioner is that al] mate '
`
`matters of public record) of said petition are within my personal knowledg
`
`netitioner herein.
`
`I have read
`
`if
`Sworn to before me this \
`day of July, 2015
`
`
`
`
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`5 of 6
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`FILED: SUFFOLK COUNTY CLERK 09/12/2017 09:24 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 617567/2017
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`RECEIVED NYSCEF: 09/12/2017
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`6 of 6
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