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MATTER OF FIA CARD SERVICES, N.A. v. HAMILTON

2009-08228.

78 A.D.3d 1180 (2010)

911 N.Y.S.2d 657

In the Matter of FIA CARD SERVICES, N.A., Formerly Known as MBNA AMERICA BANK, N.A., Respondent, v. KAREN A. HAMILTON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 30, 2010.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that a notice of arbitration was properly served upon the appellant by common carrier in accordance with the rules of the arbitration forum and CPLR article 75. The appellant's conclusory assertion that she never received the notice was insufficient to rebut the presumption of receipt created by a signed United Parcel Service delivery notification (see Matter of...

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