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| May 05, 2024 |
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General News: Judge Tosses Out Town Assessor's Plan
July 15, 2009
Cornwall's town assessor office has been ordered to correct its assessment of a property on Route 9W after a superior court judge rejected the assessor's plan for reviewing property assessments, saying that it doesn't meets state requirements. The decision of Judge John LaCava also calls for a reimbursement of any overpayment of taxes, with interest, to Leone Properties, LLC., which brought the suit. Leone is represented by the law firm of Jacobowitz & Gubits.
In his decision, Judge LaCava wrote that the court had "grave reservations" that the town's plan is comprehensive, given the fact that after six years it has not been completed. He concluded that the town assessor's system may not provide for thorough and equitable reviews of all town properties.
Cornwall tax assessor Ron Fiorentino says that he disagrees with the judge's decision and says that the assessment rolls are fairer today than they were before he started the review process in 2003. "I think the record and the statistics would clearly show that they are more equitable now after the review plan than before it started," Fiorentino said is a phone interview. "It's a statistical fact."
Leone Properties, which is headed by Ralph Leone, filed the suit against the town in 2005, after the assessment of its office building went up from $625,000 to $965,250. Judge LaCava found that the assessor's officer failed to explain the basis for the increase in assessment, other than noting that it was done as an equalization change.
The judge's decision also notes that the assessor's practice of revaluing assessments of properties that were recently sold or issued a building permit has been found to be a selective method that is prohibited under law. "The Town has failed to come forward with any facts to demonstrate," he wrote, "whether or not the town is following an equitable, comprehensive , written plan directed at the revaluation of all of the properties in the Town."
About five or six cases similar to the Leone case are currently pending against the town, Fiorentino said. The town of Cornwall has 30 days to appeal the judge's decision.
Comments:
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One question I'd like answered. Is Ron Fiorentino a New York State Licensed R.E.Accessor? I believe the answer to that question is no. As a previous licensed accessor I can assure you one must know what they are doing before pulling numbers out of the air, particularly when it comes to commercial properties.
Another fact is the great disparity on taxable comparables in the village as well as the town. Yes there is a procedure during one time of the year where you can challenge your assessment but the real problem lies in the politics of it in my humble opinion. If you doubt that I challenge you to exercise your right and go to the accessors office and see what some members holding various offices are paying on their homes and get a few comparables and see what they pay. You will be quite surprised.
Pat Welch
posted by P W on 07/15/09 at 8:39 PM
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In addition I'd say quite a fair number of people in the village do NOT apply for the required permits when putting up fencing or adding livable square footage to their homes. Take a drive around and check out that Cape Cod on your block listed as no living space on the 2nd floor with an air conditioner in it. Who do you think has to make up the extra taxes? Many do the renovations on their own and never file permits thus never are taxed for their improvements year after year.
Basically it's theft in my opinion and it is quite apparent it's commonplace. I'm sure almost everyone knows someone on their block who has done this sans permit and now does NOT pay their proper share of taxes year after year.
Pat Welch
posted by P W on 07/16/09 at 4:09 PM
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