IN THE MATTER OF BENNISSIM v. CALOGERO


19 A.D.3d 135 (2005)

796 N.Y.S.2d 341

In the Matter of SIMHA BENNISSIM, Appellant, v. JUDITH A. CALOGERO, as Commissioner of the Division of Housing and Community Renewal, et al., Respondents.

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

June 2, 2005.


The court properly found the petition time-barred (see Administrative Code of City of NY § 26-516 [d]). Petitioner neither actually denied receipt of the challenged order and opinion nor made a "showing that routine office practice was not followed or was so careless that it would be unreasonable to assume that the notice was mailed" (see Nassau Ins. Co. v Murray, 46 N.Y.2d 828, 830 [1978]). Petitioner in no way rebutted...

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