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MATTER OF 219 E. 25TH STREET REALTY COMPANY v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

298 A.D.2d 240 (2002)

748 N.Y.S.2d 157

In the Matter of 219 E. 25TH STREET REALTY COMPANY, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided October 17, 2002.

The affidavit of DHCR's employee established that DHCR's November 15, 2000 order denying petitioner's petition for administrative review (PAR) was properly mailed to petitioner's attorney that same day, and was sufficient to raise a presumption of receipt (see Woodner Co. v Higgins, 179 A.D.2d 444, lv denied 80 N.Y.2d 756). That presumption was not rebutted by petitioner's attorney's assertion that he did not receive the PAR...

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