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MATTER OF FRANCIS v. WING

263 A.D.2d 432 (1999)

694 N.Y.S.2d 29

In the Matter of PHYLERINE FRANCIS, Petitioner, v. BRIAN J. WING, as Commissioner of the New York State office of Temporary and Disability Assistance, et al., Respondents.

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

Decided July 29, 1999.

Where a fair hearing applicant claims, as in this case, that no notice was received, the Agency has the burden of establishing that the notice was properly addressed, posted and mailed to the recipient (see, Matter of Miller v Perales, 189 A.D.2d 874). This burden can be satisfied by providing evidence of "a proper office routine and procedure, which could then establish a rebuttable presumption...

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