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MATTER OF H.C. BLACK REALTY CO. v. STATE DIV. OF HOUS. & CMTY. RENEWAL

201 A.D.2d 432 (1994)

607 N.Y.S.2d 944

In the Matter of H.C. Black Realty Co., Appellant, v. State Division of Housing and Community Renewal et al., Respondents

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

February 24, 1994

Petitioner's bare denial of receipt of respondent's over-charge order was insufficient to rebut the presumption of receipt raised by the sworn statements of respondent's mail-room personnel as to the routine office procedures followed in mailing such orders (Woodner Co. v Higgins, 179 A.D.2d 444, lv denied 80 N.Y.2d 756). Accordingly, the PAR filed far beyond respondent's 35-day...

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