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IN THE MATTER OF JASSIM v. NEW YORK TAXI AND LIMOUSINE COMMISSION

5 A.D.3d 246 (2004)

773 N.Y.S.2d 288

In the Matter of JESSE JASSIM, Petitioner, v. NEW YORK TAXI AND LIMOUSINE COMMISSION et al., Respondents.

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

March 18, 2004.

The record supports petitioner's contention that the determination should be annulled because he never received notice of the complaint or of the administrative hearing. The uncontroverted evidence that petitioner never received the summons and that it was addressed to an incorrect zip code was sufficient to rebut the presumption that there was proper mail service and receipt, and, at the very least, mandated a hearing on that issue (see Matter of Futterman v New York...

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