Petitioner contends that it was denied due process because it did not receive a copy of respondent New York City Department of Environmental Protection's appeal from the Administrative Law Judge's decision that had been in petitioner's favor. This argument is unavailing since "a properly executed affidavit of service raises a presumption that a proper mailing occurred, and a mere denial of receipt is not enough to rebut this presumption" (Kihl v Pfeffer,
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MATTER OF ARIEL SERVICES, INC. v. NEW YORK CITY ENVIRONMENTAL CONTROL BOARD
5917, 115599/10.
89 A.D.3d 415 (2011)
931 N.Y.S.2d 857
2011 NY Slip Op 7685
In the Matter of ARIEL SERVICES, INC., Petitioner, v. NEW YORK CITY ENVIRONMENTAL CONTROL BOARD et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 1, 2011.
Decided November 1, 2011.
Appellate Division of the Supreme Court of New York, First Department.
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