MATTER OF PEZZANO v. HOLLAND


249 A.D.2d 17 (1998)

671 N.Y.S.2d 225

In the Matter of Linda Pezzano, Appellant, v. Joseph H. Holland, as Commissioner of The New York State Division of Housing and Community Renewal, et al., Respondents

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

April 2, 1998


Respondent's DHCR's findings that respondent landlord's proof of certified mailing of a DC-2 notice to petitioner on January 28, 1983 was sufficient to raise a presumption of receipt, and that petitioner's testimony that she did not recall receiving such notice was insufficient to rebut the presumption, are not arbitrary and capricious (see, Nassau Ins. Co. v Murray, 46 N.Y.2d 828; CPLR 7803 [3]). We have considered petitioner...

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