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MATTER OF BLUDSON v. POPOLIZIO

166 A.D.2d 346 (1990)

In the Matter of Alfreda Bludson, Respondent, v. Emmanuel Popolizio, as Chairman of The New York City Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 25, 1990

Upon this appeal, respondent contends that the petition is time barred pursuant to CPLR 217. The gravamen of his argument is that, irrespective of any untimeliness of the notice of hearing given to the tenant, the mailing of notice of the Housing Authority's determination terminating her tenancy on October 28, 1987 gives rise to a presumption of receipt (citing Matter of Allen v Bausch & Lomb, 130 A.D.2d 802) and constitutes...

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