DOYNO v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR)


259 A.D.2d 399 (1999)

687 N.Y.S.2d 107

BARRY DOYNO, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR), Appellant, and 72ND STREET ASSOCIATES, Intervenor-Respondent.

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

Decided March 23, 1999.


The tenant's affidavit attesting to timely service of his answer, his submission of a copy of the answer bearing a date coinciding with the claimed date of service, and DHCR's admitted receipt of the answer in another proceeding months before the Rent Administrator's determination and the filing of the tenant's petition for administrative reveiw in this proceeding raised a rebuttable presumption of mailing (Rent Stabilization Code [9 NYCRR] § 2527.9; see, Engel v...

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