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MININNI v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

260584/13 5922A 5922.

159 A.D.3d 464 (2018)

70 N.Y.S.3d 35

2018 NY Slip Op 01539

SAMUEL MININNI, Respondent, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Appellant, et al., Defendant.

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

Decided March 8, 2018.

This action is barred by the four-month limitations period applicable to proceedings brought pursuant to CPLR article 78 (see CPLR 217 [1]). Plaintiff's mere assertion that he did not receive notice of HPD's July 1, 2002 denial of his claim for succession rights is insufficient to rebut the presumption of proper notice created by affidavits by two HPD employees attesting that envelopes containing copies of HPD's final determination...

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